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ANTI-TERRORISM (AMENDMENT) ACT, 1998

SENATE BILL NO. X OF 1998

A Bill further to amend the Anti-Terrorism Act, 1997 (Act No. XXVII of 1997)  

[The Gazette of Pakistan, Extra., part III, 25th August, 1998]  

 

Whereas it is expedient to further amend the Anti-terrorism Act, 1997 (Act No. XXVII of 1997), in the manner hereinafter provided.

 

            It is hereby enacted as follows: —

 1.         Short title and Commencement. —

(1) This Act may be called the Anti-terrorism (Amendment) Act, 1998.

        (2)        It shall extend to the whole of Pakistan.

        (3)        It shall come into force at once.

2.         Amendment of Section 5, (Act XXVII of 1997). — In the Anti-terrorism Act, 1997 (Act No. XXVII of 1997), hereinafter referred to as the said Act, for Para (i) of sub-section (2) of Section 5, the following shall be substituted, namely: —

    (i)         “after giving prior warning use such force as may be deemed necessary or appropriate bearing in mind all the effects and circumstances of the situation against any person who is committing a terrorist act or a shielded offense.”

3.         Amendment of Section 10, (Act XXVII of 1997). — In the said Act, in Section 10, after the word “premises” appearing in line four the following shall be added, namely: —

                        “Only after recording in writing reasons for such belief and after serving on the person in occupation of the premises a copy of reasons recorded by him before conducting such search.”

4.         Amendment of Section 14, (Act XXVII of 1997). —

(1) In the said Act, Para (ii) of sub-section (1) of Section 14 shall be omitted.

        (2)        Para (iii) of sub-section (1) shall be renumbered as Para (ii).

        (3)        Sub-Section (2) shall be omitted and the following new sub-section will be added, namely: —

“(2)     The Chief Justice of the High Court shall make appointments to the post of Judges of Special Court after consultation with the Government.”

(4)               The Explanation to sub-section (2) shall be omitted.

5.         Amendment of section 19, (Act XXVII of 1997). — In the said Act, Para (b) of sub-section (10) of Section 19 shall be omitted.

           

6.                  Amendment of Section 24, (Act XXVII of 1997). — In the said Act, Section 24, shall be omitted.

7.         Amendment of Section 25, (Act XXVII of 1997). — In the said Act, in Section 25, wherever the words “Appellate Tribunal” appears it shall be replaced by the words “High Court”.

 

8.         Amendment of Section 26, (Act XXVII of 1997). — In the said Act, in Section 26, for the words “Police Officer not below the rank of Deputy Superintendent of Police” the words “Judicial Magistrate” shall be substituted.

(2)        In the proviso to Section 26 after the words “require the police officer” shall be substituted by the words “Judicial Magistrate”.

9.         Amendment of Section 27, (Act XXVII of 1997). — In the said Act, in Section 27, wherever the words “Appellate Tribunal” appears it shall be substituted by the words “High Court”.

10.       Amendment of section 28, (Act XXVII of 1997). — In the said Act, in Section 28, wherever the words “Appellate Tribunal” appears it shall be substituted by the Words “High Court”.

 

11.       Amendment of Section 30, (Act XXVII of 1997). — In the said Act, in sub-section (2) of Section 30, the words “and an Appellate Tribunal” shall be deleted.

 

12.        Amendment of Section 37, (Act XXVII of 1997). — (1) In the said Act, in Section 37, for the words “an Appellate Tribunal” shall be replaced by the words “a High Court”.

(2)        Wherever the word “Tribunal” has been used in the said section it shall be replaced by the words “High Court”.

13.       Amendment of Section 35, (Act XXVII of 1997). — In the said Act, Section 35, shall be substituted by the following new section namely: —

           

“35.      The High Court may, make such rules if an, as it may deem necessary for carrying out the purpose of this Act. The Government shall notify these Rule.”  

14.       Amendment of Schedule of (Act XXVII of 1997). —

(1) In the Schedule of Act XXVII of 1997 sub-section (b) of Section 2, shall be omitted.

        (2)        Section 3 shall be omitted.