(6) The Anti-terrorism Courts existing immediately before the commencement of the Anti-terrorism (Second Amendment) Ordinance, 2002, and the judges appointed to such Courts, shall, subject to the provisions of this Act, as amended continue to function and try offences under this Act.]

15. Place of sitting.- (1) Subject to sub-section (2) and (3), 1[an Anti-terrorism Court] shall ordinarily sit at such place or places 2[including Cantonment area or jail premises] as the Government may, by order, specify in that behalf.

(2) The Government may direct that for the trial of a particular case the Court shall sit at such place including the place of occurrence of an offence as it may specify.

(3) Except in a case where a place of sitting has been specified under sub-section (2) 1[an Anti-terrorism Court] may, if it considers it expedient or desirable so to do either suo moto or on the application of the public prosecutor sit, for holding the trial of a case at any place including a mosque other than the ordinary place of its sitting.

 16. Oath by 1[Anti-terrorism Courts]. A 3[Judge] of 1[an Anti-terrorism Court] shall, at the commencement of a proceeding under this Act, make oath, in the case of a Muslim, on the Holy Quran, to the effect that he shall decide the case honestly, faithfully and considering himself accountable to Almighty Allah, and in case of a non-Muslim in accordance with 1[the Constitution, law and his conscience].

 17. Powers of 1[Anti-terrorism Courts] with respect to other offences. When trying any scheduled offence, l[an Anti-terrorism Court] may also try any offence other than the scheduled offence with which the accused may, under the Code, be charged at the same trial.

 18. Public Prosecutors.- 4[(1) The 5* * * Government shall appoint in relation to each Anti-terrorism Court or

 

 

1Subs. by the Anti-terrorism (Second Amdt.) Ordinance, 1999 (13 of 1999), ss. 2 and 12. 2Ins. by the Anit-terrorism (Amdt.) Ordinance, 2002 (6 of 2002), s. 4. 3Subs. and shall be deemed to have always been so subs. by the Anti-terrorism (Second Amdt.) Ordinance, 2002 (134 of 2002). s. 4. 4Subs. by the Ordinance No. 6 of 2002, s. 6. 5Omitted by Act VI of 2014, s. 4.


 

 

a High Court and Supreme Court of Pakistan a proficient, diligent and professionally competent Public Prosecutors or Law Officers and may also appoint one or more Additional Prosecutors or Law officers:

Provided that the Government may also appoint, for any case or class of cases, a Special Prosecutor.]

(2) Every person appointed as a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor shall be deemed to be a Public Prosecutor within the meaning of section 492 of the Code, and the provisions of the Code shall have effect accordingly.

19. Procedure and Powers of 1[Anti-terrorism Court]. 2[(1) An investigating officer under this Act shall be an officer or Police Officer not below the rank of Inspector or equivalent or, if the Government deems necessary Joint Investigation Team to be constituted by the Government shall be headed by an Investigating Officer of Police not below the rank of Superintendent of Police, (BS-18) and other officers of JlT may include equivalent rank from Intelligence Agencies, Armed Forces and Civil Armed Forces. The JIT shall comprise five members and for the meeting purposes the quorum shall consists of three members.

The investigating officer to the JIT, as case may be, shall complete the investigation in respect of cases triable by the court within thirty working days. The report under section 173 of the Code shall be signed and forwarded by the investigating officer of police directly to the court:

Provided that where the provisions of sections 4 and 5 have been invoked, the investigation shall be conducted by the JIT comprising members of armed or civil armed forces, as the case may be, intelligence agencies and other law enforcement agencies including an investigating officer of police not below the rank of Inspector who shall sign the report under section 173 of the Code and forward it to the Court:

Provided further that, where investigation is not completed within a period of thirty days from the date of recording of the first information report under section 154 of the code, the investigating officer or the JIT shall, within three days after expiration of such period, forward to the Court through the Public Prosecutor, an interim report under section 173 of the Code, stating therein the result of investigation made until then and the Court shall commence the trial on the basis of such interim report, unless, for reasons to be recorded, the Court decides that the trial may not so commence. The interim report shall be signed by the investigating officer of police.]

 

(1A) Notwithstanding anything contained in any other law for the time being in force, the Federal Government may, in respect of any case registered by or under investigation with, the Police or any other investigation agency or authority, by order in writing, entrust inquiry or such investigation to such agency or authority as it may deem fit and thereupon the Police, or any other investigation agency or the authority shall transfer the record of the case to such agency or authority.

 

 

1Subs. by Act XIII of 1999, s.2. 2Subs. by Act VI of 2014. s.5.


1[(1B) Where any person has been arrested by the armed forces or civil armed forces under section 5, he shall be handed over to the investigating officer of the police station designated for the purpose by the Provincial Government in each District.]

(2) Any default on the part of an officer-in-charge of a police station, an investigating officer or any other person required by law to perform any functions in connection with the investigation, that results in, or has the effect of, delaying investigation or submission of the report under sub-section (1), shall be deemed to be a willful disobedience of the orders of the 2[Anti-terrorism Court] and the person committing the default shall be liable to be punished for contempt of Court.

(3) The 2[Anti-terrorism Court] may directly take cognizance of a case triable by such court without the case being sent to it under section 190 of the Code.

3* * * * * * *

(5) Where, in a case triable by 2[an Anti-terrorism Court] an accused has been released from police custody,4[or custody of any other investigating agency joined in an investigation] under section 169 of the Code, or has been remanded to judicial custody, the 2[Anti-terrorism Court] may, on good grounds being shown by a public Prosecutor or a Law officer of the Government, for reasons to be recorded in writing, make an order for placing him in police custody 4[custody of any other investigating agency joined in investigation] for the purpose of further investigation in the case.

(6) 2[An Anti-terrorism Court] shall be deemed to be a Magistrate for purpose of 2[sub-section] (5).

1[(7) The Court shall, on taking cognizance of a case, proceed with the trial from day-to-day and shall decide the case within seven days, failing which the matter shall be brought to the notice of the Chief Justice of the High Court concerned for appropriate directions, keeping in view the facts and circumstances of the case.]

5[(8) An Anti-terrorism Court shall not give more than two 1[adjournments during the trial of the case and that also imposition of exemplary costs]. If the defense counsel does not appear after two consecutive adjournments, the Court may appoint a State Counsel with at least seven years standing in criminal matters for the defense of the accused from the panel of advocates maintained by the Court for the purpose in consultation with the Government and shall proceed with the trial of the case.

(8a) Non-compliance with the provisions of sub-section 1[(7) or] may render the presiding officer of the Court liable to disciplinary action by the concerned High Court.

 

(8b) Notwithstanding anything contained in section 7 of the Explosive Substance Act, 1908 (VI of 1908), or any other law for the time being in force, if the consent or sanction of the appropriate authority, where required, is not received within thirty days of the submission of challan in the Court, the same be deemed to have been given or accorded and the Court shall proceed with the trial of the case.]

 

 

1Subs. and ins. by Act VI of 2014, s.3. 2Subs. and ins. by Act XIII of 1999, s.2. 3Omitted by Act XXXIX of 2001, s.9. 4Ins. by Ord. VI of 2002, s.7. 5Subs. and ins. by Act 11 of 2005, s.9.


 

(9) 1[An Anti-terrorism Court] shall not merely by reason of a change in its composition or transfer of a case under sub-section (3) of section 12, be bound to recall and re-hear any witness who has given evidence and may act on the evidence already recorded.

2(10) Any accused person may be tried in his absence if the 1[Anti-terrorism Court] after such inquiry as it deems fit, is satisfied that such absence is deliberate and brought about with a view to impending the course, of justice:

Provided that the accused person shall not be tried under this sub-section unless a proclamation has been published in respect of him in at least 3[in one daily newspaper including Sindhi language] requiring him to appear at a specified place within seven days failing which action may also be taken against him under section 88 of the Code:

Provided further that the Court shall proceed with the trial after taking the necessary steps to appoint an advocate at the expense of the State to defend the accused person who is not before the Court.

Explanation.– An accused who is tried in his absence under this sub-section shall be deemed not to have admitted the commission of any offence for which he has been charged.

(11) The advocate appointed under the second proviso to sub-section (10) shall be a person selected by the 4[Anti-terrorism Court] for the purpose and he shall be engaged at the expense of the Government.

4[(11A) Nothing contained in sub-section (10) or sub-section (11) shall be construed to deny the accused the right to consult or be defended by a legal practitioner of his own choice.]

(12) If, within sixty days from the date of his conviction, any person tried under sub-section (10) appears voluntarily, or is apprehended and brought before the 2[Anti-terrorism Court] and proves to its satisfaction that he did not abscond or conceal himself for the purpose of avoiding the proceeding against him, the 2[Anti-terrorism Court] shall set aside his conviction and proceed to try him in accordance with law for the offence which he is charged:

Provided that the 4[Anti-terrorism Court] may exercise its powers under this sub-section in a case in which a person as aforesaid appears before it after the expiration of the said period and satisfies it that he could not appear within the said period by reason of circumstances beyond his control.

 

5* * * * * * *

 

(14) Subject to the other provisions of this Act, 2[an Anti-terrorism Court] shall, for the purpose of trial of any offence, have all the powers of a Court of Sessions and shall try such offence as if it were a Court of Session as far as may be in accordance with the procedure prescribed in the Code for trial before a Court of Session.

 

3[19A. Mode of making searches and arrest. The provisions of the Code, except that of section 103, shall mutatis mutandis, apply to all searches and arrest by police officer and an officer of equivalent rank of the law enforcement agencies made under this Act.]

 

 

1Subs. by Ord. No. XIII of 1999, s.2. 2Subs. by Ord. No. XIII of 1999, s.3. 3Subs. and ins. by Act No. XX of 2013, ss. 12 &13. 4Subs. by Ord. No. XIII of 1999, s.2 and 13. 5Omitted by Ord. No. XXXIX of 2001, s.9.


 

1[19B Pre-trial scrutiny. Before commencement of the trial, the prosecute shall scrutinize the case file to ensure that all pre-trial formalities have been completed so that the actual trial proceeds uninterrupted from day-to-day.]

20. [Punishment] Omitted by the Anti-terrorism (Amdt.) Ordinance, 2001. (XXXIX of 2001), s. 10, which was previously amended by Ord. 13 of 1999, s. 2.

2[21. Protection to Judges, 3* Counsel, Public Prosecutor, witnesses and persons concerned with court proceedings.– (1) The Court may, subject to the availability or resources, makes such necessary orders or take such measures, as it deems fit, within available resources, for the protection of a witness, judge 2* public prosecutor, counsel and other persons concerned in court proceedings for an offence under this Act, which may also include the following measures —

(a) proceedings may be held in camera, or under restricted entry of members of the public, where necessary for the protection of the judge 2* witnesses or a victim’s family members or to prevent persons from crowding or storming the court to intimidate the judge 3* or to create a threatening atmosphere;

(b) The names of judges 3* counsel, public prosecutor, witnesses and persons concerned with court proceedings shall not be published; and

(c) During any inquiry, investigation or court proceedings, wherever the matter of the identification of the accused arises, adequate protection shall be provided to a witness identifying any accused, in order to protect the identity of the witness from the accuse.

(2) For purposes of protection of the judges 3* accused, witnesses, prosecutors and defense counsel and anyone concerned with the court proceedings, the Government may adopt such other measures as may be appropriate or may be prescribed 2[and the Armed Forces shall also provide comprehensive protection and security to the judges, 3* accused, witnesses, prosecutors, investigators, defense counsel and all those concerned in the court proceedings].

1[These measures may include the following, namely:—

a.screens may be used during trial to shield witnesses, Judges and Prosecutors from public view;

b.trial may be held in jail premises or through video link;

c.witness protection programmes may be established by the Government through law or rules.

 

The Provincial Government shall take necessary steps to ensure that prisoners in Jails do not have access to mobile phones].

 

 

1Ins. by Act VI of 2014, ss. 6-7. 2Subs. by Ord. XXXIX of 2001, ss.11 and 12. 3Omitted. by Ord. 134 of 2002, s.5.


 

(3) The Government shall extend protection to a judge 1* a counsel, public prosecutor and the witnesses during investigation of an offence and proceedings under this Act, and thereafter, as may be considered necessary.]

2[(4) The provisions of this section shall have effect notwithstanding anything contained in any other law for the time being in force, including the Qanune-e-Shahadat, 1984 (P.O.No.10 of 1984).]

3[21A. Cordons for Terrorist Investigation. – (1) An area is a cordoned area for the purposes of a terrorist investigation under this Act, if it is so designate under this section.

(2) A designation may be made only by an officer not below the rank of a 4[Deputy Superintendent of Police or a member of a Joint Investigation Team], if he considers it expedient for the purposes of a terrorist investigation.

(3) If a designation is made orally, the officer making it shall confirm it in writing, as soon as is reasonably practicable.

(4) The officer making a designation shall arrange for the demarcation of the cordoned area, so far as is reasonably practicable.

(5) An area may be designated a cordoned area for a maximum period of fourteen days, which may he extended in writing from time to time, with each extension specifying the additional period:

Provided that a designation shall have no effect after 28 days beginning with the day on which it was made.

(6) Where a person knows or has reasonable cause to suspect that a terrorist investigation is being conducted or is proposed to be conducted, a person commits an offence if he –

(a) discloses to another, or others, anything which is likely to prejudice an investigation; or

(b) interferes with material which is likely to be relevant to an investigation.

(7) Whosoever commits an offence under sub-section (6) shall be liable on conviction to imprisonment for a term not less than six months and not exceeding two years, and fine.

(8) It is a defence for a person charged with an offence under sub-section (6) to prove –

(a) that he did not know and had no reasonable cause to suspect that the disclosure or interference was likely to affect a terrorist investigation; or

(b) that he had reasonable excuse for the disclosure or interference.

(9) For the purposes of this section:-

(a) a reference to conduction a terrorist investigation includes a reference to taking part in the conduct of , or assisting, a terrorist investigation; and

(b) a person interferes with any material if he falsifies it, conceals it, destroys it or disposes of it, or if he causes or permits another to do any of those things.

 

 

1Omitted by Ord. 134 of 2002, s.5. 2Ins. by Act VI of 2014, s.7. 3Subs. by Ord. 39 of 2001. ss. 11&12. 4Ins. by Ord. 6 of 2002, s.9.


 

21B. Terrorist Investigation.(1) A policeman in uniform 1[or a member of a Joint Investigation Team] may:-

(a) order a prson in a cordoned area to leave immediately;

(b) order a person immediately to leave the premises which are wholly or partly in or adjacent to a cordoned area;

(c) order the driver or person in charge of a vegicle in a cordoned area to move it from the area immediately;

(d) arrange for the removal of a vehicle from the cordoned area;

(e) arrange for the movement of a vehicle within a cordoned area;

(f) prohibit or restrict access to a cordoned area by pedestrians or vehicles;

(g) enter and search any premises in a cordoned area if he suspects anyone concerned with terrorism is hiding there;

(h) search and arrest any person he reasonable suspects to be a person concerned in terrorism:

Provided that any search of a person shall be done by a Police person of the same sex; or

(i) take possession of any property in a cordoned area he reasonably suspects is likely to used for the purposes of terrorism.

21C. Training. — (1) Weapons Training: A person commits an offence if he provides, without valid authorization from the competent authority, any instruction or training in the making or used of-

(a) firearms;

(b) explosives; or

(c) chemical, biological, and other weapons.

(2) A person commits an offence if he provides without valid authorization from the competent authority, any instruction or training to any child under sub-section (1) and, on conviction, shall be liable to a term of imprisonment of not less than ten years and fine.

(3) A person commits an offence if he receives instruction or training from anyone, without valid authorization from the competent authority, to give such instruction or training or invites another, specifically or generally, to receive such unauthorized instruction or training in the making or use of-

(a) firearms;

(b) explosives; or

(c) chemical, biological and other weapons.

 

 

 

 

 

1 Ins. by Ordinance, 6 of 2002, s. 10.

 


 

 

(4) A child commits an offence if he provides, without valid authorization from the competent authority, any instruction or training, or if he receives such unauthorized instruction or training or invites another, specifically or generally, to receive such authorized instruction or training in the making or use of —

(a) firearms;

(b) explosives; or

(c) chemical, biological and other weapons.

(5) A child guilty of an offence under sub-section (4) shall be liable on conviction to imprisonment for a term not less than six months and not exceeding five years.

(6) A person guilty of an offence under sub-sections (1) and (3) shall be liable on conviction to imprisonment for a term-not exceeding ten years, or fine or with both.

(7) Training in Terrorism:-

(a) A person commits an offence if he provides, generally or specifically, any instruction or training in acts of terrorism.

(b) A person commits an offence if he receives any instruction or training in acts of terrorism or invites another, specifically or generally, to receive such instruction or training.

(c) A person guilty of an offence under sub-sections (a) and (b) shall, on conviction, be liable to imprisonment of either description for a term of not less than one year and not more than ten years and fine.

(d) A person is guilty of an offence if he provides, any instruction or training in acts of terrorism to a child, and on conviction, shall be liable on conviction to imprisonment of either description for a term not less than one year and not more than ten years and fine.

(e) A child commits an offence if he provides, generally or specifically, any instruction or training in acts of terrorism, and on conviction, shall be liable to imprisonment for a term not less than six months and not more than five years.

 


 

(f) A child commits an offence if he receives, generally or specifically, instructions or training in acts of terrorism, and on conviction, shall be liable to imprisonment for a term not less than six months and not more than five years.

(8) A Court by which a person is convicted of an offence under this section may order the forfeiture of any thing or property which it considers to have been in the person"s possession for purposes connected with the offence, after giving any person, other than the convicted person, who claims to be the owner or is otherwise interested, an opportunity of being heard.

21D. Bail.— (1) Notwithstanding the provisions of sections 439, 491, 496, 497, 498, 498A and 561 of the Code, no Court, other than an Anti-terrorism Court, a High Court or the Supreme Court of Pakistan, shall have the power or jurisdiction to grant bail to or otherwise release an accused person in a case triable by an Anti-terrorism Court.

(2) All offences under this Act punishable with death or imprisonment 1* exceeding three years shall be non-bailable:

Provided that if there appear reasonable grounds for believing that any person accused of non-bailable offence has been guilty of an offence punishable with death or imprisonment for life or imprisonment for not less than ten years, such person shall not be released on bail.

(3) Subject to sub-section (2), the Court may admit a person to bail, unless satisfied that there are substantial grounds for believing that the person, if released on bail (whether subject to conditions or not), would;

(a) fail to surrender to custody;

(b)  commit an offence while on bail;

(c) interfere with a witness; otherwise obstruct or attempt to obstruct the course of justice, whether in relation to himself or another person; or

(d) fails to comply with the condition of release (if any).

(4) In exercising its powers in relation to a person seeking bail under this Act the Court shall have regard to such of the following considerations (as well as to any other which it considers relevant)-

(a)  the nature and seriousness of the offence with which the person is charged;

(b)  the character, antecedents, associations and community ties of the person;

(c)  the time which the person has already spent in custody and the time which he is likely to spend in custody if he is not admitted to bail; and

(d)  the strength of the evidence of his having committed the offence.

 

(5) Without prejudice to any other power to impose conditions on admission to bail, the Court admitting a person to bail under this section may impose such conditions as it considers;

 

 

1Omitted and shall be4 deemed always to have been so by Ord. No. VI of 2002, s. 11.


 

(a) likely to result in the person"s appearance at the time and place required 1[including very high bail sureties]; or

(b) necessary in the interests of justice or for the prevention of crime 1[including surveillance of the person granted bail to monitor his activities and requiring him to report to the concerned police station at specified intervals as determined by the court].

(6) It shall be lawful for the person to be held in military or police protective custody in accordance with the conditions of his bail.

(7) The Government or the Court may, under this section, at any time, in respect of a person charged of an offence under this Act, if it considers it necessary, by special or general order, direct special arrangements to be made as to the place at which the person is to be held in order:-

(a) to prevent his escape; or

(b) to ensure his safety or the safety of others.

21E. Remand. – (1) Where a person is detained for investigation, the investigating Officer, within twenty-four hours of the arrest, excluding the time necessary for the journey from the place of arrest to the Court, shall produce the accused before the Court, and may apply for remand of the accused to police custody, 2[or custody of any other investigating agency joined in the investigation] for which the maximum period allowed may be not less than1[fifteen days and not more] than thirty days at one time:

Provided that, where an accused cannot within twenty-four hours be produced before the Court, a temporary order for police custody 1[or custody of any other investigating agency joined in the investigation] not exceeding twenty-four hours may be obtained form the nearest Magistrate for the purpose of producing the accused before the Court within that period.

(2) No expansion of the time of the remand of the accused in police custody 1[or custody of any other investigating agency joined in the investigation] shall be allowed, unless it can be shown by the investigating Officer, to the satisfaction of the Court that further evidence may be available and the Court is satisfied that no bodily harm has been or will be caused to the accused:

Provided that the total period of such remand shall not exceed 1[ninety] days.

(3) The Court shall be deemed to be a Magistrate for purposes of sub-section (1) 1[:]

1[Provided that the Magistrates appointed under the Shariah Nizam-e-Adl Regulation, 2009 shall also have the same powers as given to a court under this section.]

 

1[21EE. Power to call information etc.- (1) The Superintendent of Police during the course of investigation or an equivalent officer of security forces operating in aid of civil power under section 4 and 5,

 

 

1 Ins. by the Anti-terrorism (Second Amdt.) Act, 2013 (XX of 2013), ss. 14, 15 and 16. 2 Ins. by the Ordinance No. 06 of 2002, s. 12.


 

 

may by an order in writing, on the request of the Joint Investigation Team,-

(a) call for information from any person for the purpose of satisfying himself whether there has been any contravention of the provisions of this Act or any rule or order made there under;

(b) require any person to produce or deliver any document or thing useful or relevant to the inquiry or investigation;

(c) examine any person acquainted with the facts;

(d) with the permission of the Anti-terrorism Court, require any bank of financial institution, notwithstanding anything contained in any other law for the time being in force, to provide any information relating to any person, including copies of entries made in the bank’s or a financial institution’s book, including information of transactions saved in electronic or digital form which are reasonably believed to be connected with commission of an offence under this Act and the keeper of such books or records shall be obliged to certify the copies in accordance with law; and

(e) require information or obtain record of telephone and mobile phone data, e-mail, MMS and CNIC and encrypted messages or any other information suspected to be linked in any manner with commission of an offence under this Act, from any service provider company of department.

(2) The copies obtained, information received or evidence collected in pursuance of clauses (d) and (e) of sub-section (1) shall be kept confidential and shall not be divulged to any un-authorized person or used for any purpose other than the legal proceedings under this Act.

(3) Any contravention of an order made under sub-section (1) shall be punishable with imprisonment which may extend to two years or with fine which may extend to one hundred thousand rupees or with both.]

2IF. Remissions. Notwithstanding anything contained in any law or prison rules for the time being in force, no remission in any sentence shall be allowed to a person1*** who is convicted and sentenced for any offence under this Act1* * * 1[:]

 

1[Provided that in case of a child convicted and sentences for an offence under this Act, on satisfaction of government, may be granted remission, as deemed appropriate.]

 

 

 

1Omitted, subs., & ins. by the Anti-terrorism (Second Amdt.) Act, 2013 (XX of 2013), s. 17.


21G. Trial of Offences. All offences under this Act shall be tried by the Anti-terrorism Court established under this Act 1[:]

 

1[Provided that the Courts of Zila Qazi or Azafi Zila Qazi established under the Shariah Nizam-e-Adl Regulation, 2009 shall deemed to be the court and shall try all cases so assigned to them by the administrative judge designated under sub-section (2) or sub-section (4) of section 13, as the case may be.]

 

21H. Conditional admissibility of confession. Notwithstanding anything contained in the Qanoon-e-Shandat, 1984 (President’s Order No. 10 of 1984) or any other law for the time being in force, where in any court proceedings held under this Act the evidence (which includes circumstantial and other evidence) produced raises the presumption that there is a reasonable probability that the accused has committed the offence, any confession made by the accused during investigation without being compelled, before a police officer not below the rank of a Distt. Superintendent of Police, may be admissible in evidence against him, if the Court so deems fit:

 

Provided that the Distt. Superintendent of Police before recording any such confession, had explained to the person making it that he is not bound to make a confession and that if he does so it may be used as evidence against him and that no Distt. Superintendent of Police has recorded such confession unless, upon questioning the person making it, the Disst. Superintendent of Police had reason to believe that it was made voluntarily; and that when he recorded the confession, he made a memorandum at the foot of such record to the following effect;

 

I have explained to (….name…), that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and 1 believe that confession was voluntarily made. It was taken in may presence, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him”.

 

(Signed)

“Distt. Superintendent of Police.”

21I. Aid an abetment. Whoever aids or abets any offence, under this Act shall be punishable with the maximum term of same imprisonment provided for the offence or the fine provided for such offence or with both.

 

21J. Harbouring. — (1) A person commits an offence if he harbours any person who has committed an offence under this Act.

 

(2) A person guilty of an offence under sub-section (1) shall be liable on conviction to punishment as provided in sections 216 and 216A of the Pakistan Penal Code.

 

1Subs. & added by the Anti-terrorism (Second Amdt.) Act, 2013 (XX of 2013), s.18.


 

21K. Offences triable by way of summary procedure. All offences under this Act punishable with imprisonment for a term of not more than six months with or without fine shall be tried by way of summary procedure.

 

21L. Punishment for an absconder. Whoever being accused of an offence under this Act, absconds and avoids arrest or evades appearance before any inquiry, investigation or court proceedings or conceals himself, and abstructs the course of justice, shall be liable to imprisonment for a term not less than 1[five years] and not more than 1[ten years] or with fine or with both.

 

21M. Joint Trials. — (1) While trying any offence under this Act, a Court may also try any other offence with which an accused may, under the Code of Criminal Procedure, 1898, be charged, at the same trial if the office is connected with such other offence.

 

(2) lf, in the course of any trial under this Act of any offence it is found that the accused person has committed any other offence under this Act or any other law for the time being in force, the Court may convict an accused for such other offence and pass any sentence authorized by this Act or, as the case may be, such other law, for the punishment therof.

 

22. Manner and place of execution of sentence. The Government may specify the manner, mode and place of execution of any sentence passed under this Act, having regard to the deterrent effect which such execution is likely to have.

 

23. Power to transfer cases to regular courts. Where, after taking cognizance of an offence, 2[an Anti-terrorism Court] is of opinion that the offence is not a scheduled offence, it shall, notwithstanding that it has no jurisdiction to try such offence, transfer the case for trial of such offence to any court having jurisdiction under the Code, and the Court to which the case is transferred may proceed with the trial of the offence as if it had taken cognizance of the offence.

 

24. [Appellate Tribunal] Omitted by the Anti-terrorism (Second Amdt.) Ordinance, 1999 (XIII of 1999), s.14.

 

25. Appeal.- (1) An appeal against the final judgement of 2[an Anti-terrorism Court] shall lie to 2[a High Court].

 

(2) Copies of the judgement of 2[an Anti-terrorism Court] shall be supplied to the accused and the Public Prosecutor free of cost on the day the judgement is pronounced and the record of the trial shall be transmitted to the 2[High Court] within three days of the decision.

 

1 Subs. by the Act No. II of 2005, s. 11. 2Subs. by the Act No. XIII of 1999, s. 2.


(3) An appeal under sub-section (1) may be preferred by a person sentenced by 1[an Anti-terrorism Court] to 1[a High Court] within 2[fifteen days] of the passing of the sentence.

 

(4) The Attorney general 3[Deputy Attorney General, Standing Counsel] 3[or an Advocate General or an Advocate of the High Court or the Supreme Court of Pakistan appointed as Public Prosecutor, Additional Public Prosecutor or a Special Public Prosecutor] may, on being directed by the Federal or a Provincial Government, file an appeal against an order of acquittal or a sentence passed by 1[an Anti-terrorism Court] within 2[thirty] days of such order.

 

4[(4A) Any person who is a victim or legal heir or a victim and is aggrieved by the order of acquittal passed by an Anti-terrorism Court, may, within thirty days, file an appeal in a High Court against such order.

 

(4B) If an order acquittal is passed by an Anti-terrorism Court in any case instituted upon complaint and the High Court, on an Application made to it by the complainant in this behalf, grant Special leave to appeal from the order of acquittal, the complainant may within thirty days present such an appeal to the High Court.]

 

(5) An appeal under this section shall he heard and decided by 1[a High Court] within seven working days.

 

5* * * * * * *

 

(8) Pending the appeal the 1[High Court] shall not release the accused on bail.

 

6[(9) For the purposes of hearing appeals under this section each High Court shall establish a Special Bench of Benches consisting of not less than two Judges.

 

(10) While hearing an appeal, the Bench shall not grant more than two consecutive adjournments.]

 

26. [Admissibility of confession made before police.] Omitted by the Anti-terrorism (Second Amdt.) Ordinance, 1999 (XIII of 1999), s. 16.

 

27. Punishment for defective investigation 7[and reward for successful investigation].(1) If 1[an Anti-terrorism Court] or 1[a High Court] comes to the conclusion during the course of or at the conclusion of the trial that the investigating officer, or other concerned officers have failed to carry out the investigation properly or diligently or have failed to pursue the case properly and in breach of their duties, it shall be lawful for such Court or, as the case may be, 1[High Court] to punish the delinquent officers with imprisonment which may extend to two years, or with fine, or with both by resort to summary proceedings.

 

7[(2) Incentive systems shall be introduced by the Provincial Governments providing for appropriate rewards to investigating officers who conduct successful investigation.]

 

2[27A. Presumption of proof against accused. Any person having in possession any explosive substance with or without explosive devices without lawful justification or having been unlawfully concerned with such

 

1Subs. by the Act No. XIII of 1999, s. 2. 2Subs. and ins. by the Anti-terrorism (Second Amdt.) Act, 2013 (XX of 2013), ss. 19 and 20. 3Subs. by Ordinance No. XIX of 2000, s. 3. 4Ins. by Act X of 2004, s.2. 5Omitted by the Ordinance No. 13 of 1999, s. 15. 6Added by the Act No. II of 2005, s. 12. 7Added, re-numbered and ins. by Act VI of 2014, s. 8.


 

explosive substance and devices, shall be presumed, unless contrary is proved, that the explosive substance was for the purpose of terrorism.]

(2) Any person who has been convicted for an offence punishable under this Act, if having property or assets, which are disproportionate to his known sources of income, it shall be presumed, unless contrary is proved, that the said property and assets have been acquired through terrorist activities and shall be liable to be forfeited.]

 

1[27AA. Punishment for false implication. Where an investigating officer dishonestly and falsely involves, implicates or arrests a person alleged to have committed any scheduled offence shall be punishable with imprisonment for a term which may extend to two years or with fine or with both:

 

Provided that action against such investigating officer shall not be taken without the prior approval of the Government.

 

27B. Conviction on the basis of electronic or forensic evidence etc.—Notwithstanding anything contained in this Act or Qanun-e-shahadat, 1984 (P.O.No. 10 of 1984) or any other law for the time being in force. a person accused of an offence under this Act may be convicted on the basis of electronic or forensic evidence or such other evidence that may have become available because of modern devices or techniques referred to in Article 164 of the Qanun-e-Shahadat, 1984 (P.O.No. 10 of 1984):

 

Provided that the Court is fully satisfied as to the genuineness of such evidence].

 

28. Transfer of Cases. – (1) Notwithstanding anything contained in this Act, 2[the Chief Justice of High Court concerned] 3[on the application of any party to the proceedings or on the application of the Federal Government or a Provincial Government] may, if he considers it expedient so to do in the interest of justice, or where the convenience or safety of the witnesses or the safety of the accused so requires, transfer any case from one 4[Anti-terrorism Court] to another 3[Anti-terrorism Court] within or outside the area.

 

1[(1A) Where it appears to the Government that it would be in the interest of justice or expedient for protection and safety of judges, witnesses or prosecutors, it may apply to the Chief Justice of the High court concerned for transfer of a case from, an Anti-terrorism Court falling within its jurisdiction to an Anti terrorism Court in any other place in Pakistan and for this purpose shall also seek concurrence of the Chief Justice of the High Court concerned.]

 

(2) 5[An Anti-terrorism Court] to which a case is transferred under sub-section (1) shall proceed with the case from the stage at which it was pending immediately before such transfer and it shall not be bound to recall and re-hear any witness who has given evidence and may act on the evidence already recorded 4[:]

 

4[Provided that nothing herein contained shall affect the power of the presiding officer of the 3[Anti-terrorism Court] to call any witness as is available under the law.]

 

1Ins. by Act. VI of 2014, ss. 9 &10. 2Subs. by Ord. VI of 2002, s. 13. 3Ins. by Act, XX of 2013, s. 21. 4 Subs. by Act, XIII of 1999, s. 2. 5 Added by Ord. XIII of 1999, s. 17.


 

1[(3) The Federal Government may in the interests of justice and for protection and safety of witnesses and investigators, transfer the investigation of any case from one place to any other place in Pakistan.

 

(4) The investigating officer or the agency to which case is transferred under sub-section (3), may proceed from the stage the inquiry or investigation was left or may proceed with the case as if it had been originally entrusted to him or the agency, as the case may be.

 

(5) On completion of investigation and before submission of report under section 173 of the Code, the Federal Government may direct that the case falling in the jurisdiction of a particular Anti-terrorism court may be forwarded for trial to another Anti terrorism court anywhere in Pakistan, as may be specified by the Federal Government in this behalf, in the public interests or for the safety and protection of judges, public prosecutors or witnesses.]

 

2[28A. Impounding of passport of person charge-sheeted under the Act. Notwithstanding anything contained in any other law for the time being in force, the passport of a person, who is accused of an offence under this Act, shall be deemed to have been impounded for such period as the Court may deem fit.

 

29. Trial before 3[Anti-terrorism Court] to have precedence. A trial under this Act of an offence by 3[an Anti-terrorism Court] and the appearance of an accused before it, shall have precedence over the trial of any other case against the accused in any other court, except the High Court on its original side.

 

30. Modified application of certain provisions of the Code.- (1) Notwithstanding anything contained in the Code or in any other law, every scheduled offence shall be deemed to be a cognizable offence within the meaning of clause (f) of section 4 of the Code and the words “cognizable case” as defined in the clause shall be construed accordingly.

 

(2) Sections 374 to 379 of the Code shall apply in relation to a case involving a scheduled offence subject to the modification that the reference to a “Court of Session” and High Court wherever occurring therein, shall be construed as reference to 3[an Anti-terrorism Court] and 3[High Court].

 

 

1Added by Act, VI of 2014, s. 10. 2Ins. by Act, II of 2005, s. 13. 3Subs. by Ord. XIII of 1999, s.2.


31. Finality of Judgment. A judgment or order passed, or sentence awarded, by 1[an Anti-terrorism Court] subject to the result of an appeal under this Act shall be final and shall not be called in question in any court.

 

32. Overriding effect of Act. — (1) The provisions of this Act shall have effect notwithstanding anything contained in the Code or any other law but, save as expressly provided in this Act, the provisions of the Code shall, in so far as they are not inconsistent with the provisions of this act, apply to the proceedings before 1[an Anti-terrorism Court] shall be deemed to be a Court of Session.

 

(2) In particular and without prejudice to the generality of the provisions contained in sub-section (1), the provisions of section 350 of the Code shall, as far as may be, apply to the proceedings before 1[an Anti-terrorism Court] and for his purpose any reference in those provisions to a Magistrate shall be construed as a reference to 1[an Anti-terrorism Court].

 

33. Delegation. The Government may, by notification, delegate, subject to such conditions as may be specified therein, all or any of the powers exercisable by it under this Act.

 

34. Power to amend the Schedule. The Government may, by notification, amend the 2[Schedules] 3[,]so as to add any entry thereto or modify or omit any entry therein.

 

4[35. Powers to make rules. The Federal Government or a Provincial Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.]

 

36. Saving. — (1) Nothing contained in this Act shall affect the jurisdiction exercisable by, or the procedure applicable to, any court or other authority under any law relating to the Naval, Military or Air Forces or any other armed force of the Government.

 

(2) For removal of any doubt, it is hereby declared that, for the purposes of any such law as is referred to in sub-section (1), 1[an Anti-terrorism Court] shall be deemed to be a court of ordinary criminal jurisdiction.

 

5[37. Contempt of Court. An Anti-terrorism Court shall have the power to punish with imprisonment for a term which may extend to six months and with fine any person who —

 

1Subs. by the Ordinance XIII of 1999, s.2. 2Subs. by Act, VII of 2014, s.16. 3Ins. by the Act, XIII of 2013, s. 13. 4Subs. by Act, XX of 2013, s. 22. 5Subs. by the Ordinance No. XIII of 1999, s. 18.


(a) abuses, interferes with or obstructs the process of the Court in any way or disobeys any order or direction of , the Court;

 

(b) scandalizes the Court otherwise does anything which tends to bring the court or a person constituting the Court into hatred, ridicule or contempt;

 

(c) does anything which tends to prejudice the determination of a matter pending or most likely to come up before the Court;

 

(d) does anything which, by any other law, constitutes contempt of court.

 

Explanation. In this section, Court means Anti-terrorism Court].

38. Punishment for terrorist act committed before this Act. Where a person has committed an offence before the commencement of this Act which if committed after the date on which this Act comes into force would constitute a terrorist act hereunder he shall be tried under this Act but shall be liable to punishment as authorized by law at the time the offence was committed.

 

39. Indemnity. No suit, prosecution or other legal proceedings shall lie against any person in respect of anything which is in good faith done or intended to be done under this Act.

 

1[39A. Repeal. (1) The Anti-terrorism (Amendment) Ordinance, 1999 (IV of 1999), is hereby repealed.

 

(2) All cases, including cased before a court of appeals, which were pending under the Pakistan Armed Forces (Acting in Aid of Civil Power) Ordinance, 1998, shall stand transferred to the Anti-terrorism Court having jurisdiction under the Act and such court shall, –

 

(a) in cases which have been transferred from a trial court, continue the trial from the stage which the cases had reached; and

 

(b) in cases which have been transferred from a court of appeals decide the same on the basis of the evidence earlier recorded after hearing the parties.

 

(3) Any judgment given or sentence passed by a trial court or a court of appeals conveyed under section 3 of the Pakistan Armed Forces (Acting in Aid of Civil Power) Ordinance, 1998 (XII of 1998), except cases in which sentence of death was passed and has been executed, shall have no effect and all such cases shall stand transferred to the Anti-terrorism Court having jurisdiction under this Act for decision after hearing the parties on the basis of the evidence earlier recorded.

 

(4) In respect of a case transferred to a court by virtue of sub-section (2) or sub-section (3), the court shall not, by reason of the said transfer, be bound to recall and rehear any witness who has given evidence before the transfer and may act on the evidence already recorded by or produced before the court from which the case is so transferred.

 

 

1Ins. by the Anti-terrorism (Amdt.) Ordinance, 2001 (39 of 200I),ss. I5 & 16


(5) Nothing contained in sub-section (4) shall affect the power of the court to recall any witness or rehear any evidence as is available under the law.]

 

39B. Removal of difficulties. If any difficulty arises in giving effect to any provisions of this Act, the Federal Government may make such order, not inconsistent with the provisions of this Act, as may appear to it to be necessary for the purposes of removing the difficulty.

 

39C. Repeal and Savings. — (1) The Suppression of Terrorist Activities (Special Courts) Act 1975, is hereby repealed.

 

(2) Notwithstanding the repeal of the Suppression of Terrorist Activities (Special Courts) Act, 1975 and the amendments of the Anti-terrorism Act, 1997, by the Anti-terrorism (Amendment) Ordinance, 2001.

 

(a) every order, decision or judgment passed by any Anti-terrorism Court constituted under this Act or Special Court constituted under the Suppression of Terrorist Activities (Special Courts) Act, 1975 or any Appellate court before such repeal or amendment shall remain in force and operative and the repeal or amendment shall not affect the previous operation to the law or any thing duly done or suffered or punishment incurred there under;

 

(b) every case, appeal and legal proceedings whatsoever filed or pending before any court under the Suppression of Terrorist Activities (Special Courts) Act 1975, including the High Court and the Supreme Court shall continue to be proceeded with in accordance with law before the concerned court of competent jurisdiction, including the court established under this Act, and all orders passed, decisions made and judgments delivered whether in the past or which may be made delivered hereafter by such concerned court whether original, appellate or revisional, shall be deemed to have been validly and competently made;

 

(c) all convictions made, punishments or sentences awarded by the Anti-terrorism Court or Special Court or an Appellate Court before, such repeal or amendment shall be executed as if the said Acts were in force.

 

(d) any investigation or inquiry under this Act or the Suppression of Terrorist Activities (Special Courts) Act, 1975 made or instituted before the commencement of the Anti-terrorism (Amendment) Ordinance, 2001, shall continue to be made and proceeded with in accordance with law;

 

(e) all cases pending before the Anti-terrorism Court or Special Court immediately before the commencement of the Anti-terrorism (Amendment) Ordinance, 2001, if not covered by this Act or clauses (a) and (b) above, shall stand transferred to the respective Courts of Sessions of the area or such other courts of competent jurisdiction where the cases were registered against the accused and such courts shall proceed with the cases from the stage at which they were pending, without the necessity of recalling any witnesses; and

 

(f) the Court of Sessions, as the case may be, any other court to which a case has been transferred from the Anti-terrorism Court or a Special Court under clause (d) shall try it in accordance with the provisions of the Code of Criminal Procedure, 1898, and the law applicable to such case.]

 

40. Amendment of the Criminal Law Amendment Act, 1908 (XIV of 1908). In the Criminal Law Amendment Act, 1908, the following amendments shall be made, namely:-

 

I. In section 15, in clause (2) in sub-clause (a) for the words “violence or intimidation” the words “terrorism, stirring up sectarianism, violence or intimidation which endanger or threaten public order” shall be substituted.

 

II. For section 16, the following shall be substituted, namely:-

 

“16 Declaration of an association to be unlawful. — (1) If either the Federal Government; or the Provincial Government is of the opinion that an association is an unlawful association it may call upon the association to show cause within fourteen days why it should not be declared as unlawful association for the purpose of this Act.

 

(2) If after hearing the association, the Federal Government or the Provincial Government is of the opinion that the association is an unlawful association it may declare such association to be an unlawful association.

 

(3) If the Federal Government or the Provincial Government is of the opinion that in the interest of the maintenance of public order or to prevent injury to the people it is just and necessary to take immediate action it may, pending passing of order under sub-section (2), by an ad interim order, declare an association to be unlawful.

 

(4) An association aggrieved by an order under sub-section (2) may file an appeal before a Board appointed by the Chief Justice of the High Court of the Province consisting of a chairman and two other persons each of whom is or has a judge of a High Court.

 

(5) The Board shall decide the appeal within thirty days and may pass such order as it may deem fit.”

 

III. In Section 17, —

(i) in sub-section (1) for the words “six months” the words “five years” shall be substituted; and

(ii) In sub-section (2) for the words “three years” the words “seven years” shall be substituted,

IV. In sections 17A, 17D and 17E for the words “Provincial Government” wherever occurring the words “Federal Government or the Provincial Government” shall be substituted.

1[THE FIRST SCHEDULE

(List of Proscribed Organizations)

[See section 11B]

THE SECOND SCHEDULE

(List of Organization under Observation)

[See section 11D (1)(a)]

THE THIRD SCHEDULE

(Scheduled Offences)

[See section 2(t)]

1. Any act of terrorism within the meaning of this Act including those offences which may be added or amended in accordance with the provisions of section 34 of this Act.

 

2. Any other offence punishable under this Act.

 

3. Any attempt to commit, or any aid or abetment of, or any conspiracy to commit, any of the aforesaid offences.

 

2[4. Without prejudice to the generality or the above paragraphs, the Anti-terrorism Court to the exclusion of any other Court shall try the offences relating to the following, namely:-

(i) Abduction or kidnapping for ransom;

(ii) use of fire arms or explosives by any device, including bomb blast in a. mosque, imambargah, church, temple or any other place of worship, whether or not any hurt or damage is caused thereby; or

(iii) firing or use of explosive by any device, including bomb blast in the court premises.]

3[THE FOURTH SCHEDULE (See section 11EE)]

1Subs. by the Anti-terrorism (Amdt.) Ordinance, 2001 (39 of 2001), s. 17 for the Schedule which was previously amended by various SRO’s and Ord. 13 of 1999, s. 20.

2Added by the Act. No. II of 2005, s. 14.

3Added by the Anti-terrorism (Amdt.) Ordinance, 125 of 2002, s. 4.


1[THE FIFTH SCHEDULE

[See section 6(3A)]

(a) Convention for the Suppression of Unlawful Seizure of Aircraft, done at the Hague on the 16th December, 1970;

(b) Convention for the Suppression of Unlawful Acts against the Safety Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on the 14th December, 1973;

(c) Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on the 14th December, 1973;

(d) International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on the 17th December, 1979;

(e) Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on the 24th February, 1988;

(f) Convention for the suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on the 10th March, 1988;

(g) Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf, done at Rome on the 10th March, 1988;

(h) International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations at New York on the 15th December, 1997; and

(i) Such other convention as may be specified by the Federal Government by notification in the official Gazette.]

1Added by the Anti-terrorism (Amdt.) Act, 2013 (XIII of 2013), s. 14.


 

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