THE ANTI-TERRORISM ACT, 1997

(XXVII OF 1997)
CONTENTS
1. Short title and commencement
2. Definitions
3. [xxxxxxxxxxxxxxxx]
4. Calling in of armed forces and civil armed forces in aid of civil powers
5. Use of armed forces and civil armed forces to prevent terrorism
6. Terrorism
7. Punishment for acts of terrorism
7A. [xxxxxxxxxxxxxxx]
7B. [xxxxxxxxxxxxxxx]
8. Prohibition of acts intended or likely to stir up sectarian hatred
9. Punishment for offence under section 8
10. Power to enter or search
11. Power to order forfeiture
11-A. Organizations concerned in terrorism
11-B. Prescription
11-C. Right of Review
11-D. Observation Order
11-E. Measures to be taken against a proscribed organization
11EE. Security for good behavior
11-EEE. Power to arrest and detain suspected persons
11-F. Membership, support and meetings relating to a Proscribed Organization
11-G. Uniform
11-H. Fund raising
11-I. Use and possession
11-J. Funding Arrangements
11-K. Money-laundering
11-L. Disclosure of Information
11-M. Cooperation with Police
11-N. Punishment under Sections 11-H to 11-K
11-O. Seizure and detention
11-P. Application by authorized officer to a Court
11-Q. Forfeiture
11-R. Authorized officer may apply to Court for forfeiture.
11-S. Appeal against forfeiture order under Section 11-R.
11-T. Deposit of Cash in a fund
11-U. De-proscription
11-V. Directing terrorist activities
11-W. Printing, publishing, or disseminating any material to incite hatred or giving
projection to any person convicted for a terrorist act or any proscribed organization
or an organization placed under observation or anyone concerned in terrorism
11-X. Responsibility for creating civil commotion
12. Jurisdiction of 37[Anti Terrorism Court]
13. Establishment of (Anti Terrorism Court)
14. Composition and appointment of presiding officers of Anti-terrorism Courts
15. Place of sitting
16. Oath by 60[Anti-Terrorism Court]
17. Powers of 64[Anti-Terrorism Court] with respect to other offences
18. Public Prosecutors
19. Procedure and Powers of 67[Anti Terrorism Court
20. [xxxxxxxxxxxxxxx]
21. Protection of Judges, 86[xxxxxxxxx] Counsel Public Prosecutor, Witnesses and
Persons concerned with Court Proceedings
21-A. Cordons for Terrorist Investigation
21-B. Terrorist investigation
21-C Training
21-D. Bail
21-E. Remand
21-F. Remissions
21-G. Trial of offences
21-H. Conditional admissibility of Confession
21-I. Aid and abetment
21-J Harbouring
21-K. Offences triable by way of summary procedure
21-L Punishment for an Absconder
21-M. Joint Trial
22. Manner and Place of Execution of Sentence
23. Power to transfer cases to regular Courts
24. [xxxxxxxxxxxxxxx].
25. Appeal
26. [xxxxxxxxxx]
27. Punishment for defective investigation
28. Transfer of cases
28-A. *****
29. Trial before 120[Anti-Terrorism Court] to have precedence
30. Modified application of certain provisions of the Code
31. Finality of judgment
32. Overriding effect of Act
33. Delegation
34. Power to amend the 129[First, second and Third Schedule]
35. Power to make rules
36. Savings
37. Contempt of Court
38. Punishment for terrorist act committed before this before this Act
39. Indemnity
39-A. Removal of difficulties
39-B. Repeal and savings
40. Amendment of the Criminal Law Amendment Act, 1908 (XIV of 1908)
SCHEDULES
1. FIRST SCHEDULE
2. SECOND SCHEDULE
3. THIRD SCHEDULE
4. FOURTH SCHEDULE
TEXT
THE ANTI-TERRORISM ACT, 1997
(XXVII OF 1997)
[20th August, 1997]
An
Act
to provide for the prevention of terrorism, sectarian violence and for speedy trial of heinous
offences and for matters connected therewith and incidental thereto
Whereas it is expedient to provide for the prevention of terrorism, sectarian violence and
for speedy trial of heinous offences and for matters connected therewith and incidental thereto:
It is hereby enacted as follows:
1. Short title and commencement.— (1) This Act may be called the Anti-terrorism Act,
1997.
(2) It extends to the whole of Pakistan.
(3) It shall come into force at once.
2. Definitions.— In this Act, unless there is anything repugnant in the subject or context;
(a) “Armed forces” means the Military, Naval and Air Forces of Pakistan and the
Reserves of such Forces;
(b) “Civil armed forces” means Frontier Constabulary, Frontier Corps, Pakistan Coast
Guards, Pakistan Rangers or any other civil armed force notified by the Federal
Government as such
(c) “Code” means the Code of Criminal Procedure, 1898 (Act V of 1898 );
1[(d) “Child” means a person who at the time of the commission of the offence has not
attained the age of eighteen years;
(e) “court” means an Anti-terrorism Court established under section 13:
(f) “explosives” means any bomb, grenade, dynamite, or explosive, substance capable
of causing any injury to any person or damage to any property an includes any
explosive substances as defined in the Explosives Act, 1884(IV of 1884);
(g) “fire-arms” means any or all types and gauges of handguns, rifles and shotguns,
whether automatic, semi-automatic or bolt action, and shall include all other firearms
as defined in the Arms Ordinance 1965 (W.P. Ordinance XX of 1965);
(h) “fine” means a pecuniary amount to be determined by the Court having regard to the
facts and circumstances of the cases;
(i) “Government” means the Federal Government or, as the case may be, the
Provincial Government;
(j) “grievous”, in relation to bodily injury means emasculation, mutilation, incapacitation
disfigurement or serve harm or hurt: and in relation to property, means any severe
loss, damage or destruction;
(k) “High Court” means the High Court having territorial jurisdiction in respect of the
area for which an Anti Terrorism court has been established;
(l) “hijacking” means any unlawful seizure or exercise of control, or any attempt at
unlawful seizure or exercise of control, of an aircraft, by force, violence, threat or any
form of obstruction, directly or through any other person, from within or outside the
aircraft;
(m) “hostage-taking” means the holding of a person captive with threats made to kill or
harm that person if demands are not met.
(n) “kidnapping for ransom” mean the action of conveying any person from any place,
without his consent, or by force compelling or by any deceitful means inducing him,
to go from any place, and unlawfully detaining him any demanding or attempting to
1 Substituted for the Clauses (d) to (h) by the Ordinance No. XXXIX of 2001 dated 15.08.2001.
demand, money, pecuniary or other benefit from him or from another person, as a
condition of his release;
(o) “meeting” means a meeting of two or more persons, whether in public or private;
(p) “Organization” means any group, combination or body of persons acting under a
distinctive name;
(q) “proscribed organization” means any organization using a name which is listed in
the First Schedule under Section 11B;
(r) “Public servant” shall have the same meaning as in Section 21of the Pakistan Penal
Code 1860, or law for the time being in force;
(s) “Schedule” means a Schedule to this Act;
(t) “Scheduled offence” means an offence as set out in the Third Schedule;
(u) “Sectarian” means pertaining to, devoted to, peculiar to, or one which promotes the
interest of a religious sect, or sects, in a bigoted or prejudicial manner;
(v) “Sectarian hatred” means hatred against a group of persons defined by reference to
religion, religious sect, religious persuasion, or religious belief;
(w) “serious” means dangerous to life or property;
(x) “Terrorism” or “act of terrorism” act has the meaning as assigned to it in Section 6;
(y) “Terrorist” has the meaning as assigned to it in Section 6(5).
(z) “Terrorist investigation” means an investigation of;
(i) the commission, preparation or instigation of acts or terrorism under this Act;
(ii) an act which appears to have been done for the purposes of terrorism;
(iii) the resources of a proscribed organization;
(iv) the commission, preparation or instigation of an offence under the Act; or
(v) any other act for which investigation may be necessary for the purposes of
this Act.
(aa) “terrorist property” means”.-
(a) Money or other property which is used or is likely to be used for the purposes
of terrorism (including any resources of a proscribed organization;
(b) Proceeds the commission of acts of terrorism;
(c) Proceeds of acts carried out for the purposes of terrorism; and
(bb) In sub-section (i) above.-
(a) a reference to proceeds of an act, includes reference to any property which
wholly or partly, and directly or indirectly, represents the proceeds of the act
(including payments of other rewards in connection with the commission);
(b) The reference to an organization’s resources includes a reference to any
money or other property which is applied or made available, or is to be
applied or made available, for use by the organization and includes assets of
any kind, whether tangible or intangible, movable or immovable, and legal
documents or instruments in any form, whether written, electronic or digital
and shares, securities, bonds, drafts and letters of credit; and
(c) a reference to money includes a reference to any cash which means any
coins, notes in any currency, postal orders, money orders, Bank Credit,
Travelers Cheques, Bank Cheques, Bankers Draft and such other kinds of
monetary instruments as the Federal Government may by order specify; bb.
“weapon” means any item which can be used to injure or cause bodily harm,
and includes any type of fire-arm, explosive, sword, dagger, knuckle-duster,
stengun, bomb, grenade, rocket launcher, mortar or any chemical, biological
thing which can be used for causing injury, hurt, harm or destruction of
person or property, and includes“illicit arms” as defined in the Surrender Illicit
Arms Act. 1991 (XXI of 1991); and
(cc). all other terms and expressions used bit not defined in this Act, shall have the
meanings as are assigned to them in the Pakistan Penal Code, 1860, or the
Code of Criminal Procedure, 1898.
23. [xxxxxxxxxxxxxxxx]
4. Calling in of armed forces and civil armed forces in aid of civil powers.— (1) It shall
be lawful for the Federal Government to order, and subject to sub-section (2) for the Provincial
Government to secure, the presence of armed forces and civil armed forces in any area for the
prevention and punishment of terrorist acts and scheduled offences in accordance with the
provisions of this Act.
(2) If, in the opinion of the Provincial Government, the presence of armed forces, or civil
armed forces, is necessary in order to prevent the commission of terrorist acts or scheduled
offences in any area, it may request the Federal Government to direct the presence or posting of
units or personnel of the armed forces, or civil armed forces, in such numbers as may be deemed
necessary for the prevention or control of terrorist acts or scheduled offences.
(3) The Federal Government may decide whether the requirements of the situation call
for the deployment of
(i) The civil armed forces; or
(ii) The armed forces,
(4) And so deciding shall, by means of a notification in the official Gazette issued under
Clause (i) or (ii) or both authorize and direct the posting there of.
[(4A) Any person who is a victim or legal heir of 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 of 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,
grants special leave to appeal from the order of acquittal, the complainant may within thirty days
present such an appeal to the High Court.]
5. Use of armed forces and civil armed forces to prevent terrorism.— (1) Any police
officer, or member of the armed forces, or civil armed forces who is present or deployed in any
area may, after giving sufficient warning, use the necessary force to prevent the commission of
terrorist acts or scheduled offences, and in so doing shall, in the case of an officer of the armed
forces or civil armed forces, exercise all the powers of a police officer under the Code.
(2) In particular and without prejudice to generality of the provisions of subsection (1),
an officer of the police, armed forces and civil armed forces may:--
(i) After giving prior warning use such force as may be deemed necessary or
appropriate bearing in mind all the facts and circumstances of the situation, against
and person who is committing 3[xxxxxxxxxx] a terrorist act or a scheduled offence,
and 4[it shall be lawful for an such officer, or any senior officer, to fire, or order the
firing upon] any person or persons against whom he is authorized to use force in
terms hereof:
(ii) Arrest, without warrant, any person who has committed an act of terrorism or a
scheduled offence or against whom a reasonable suspicion exist that he has
committed, or is about to commit, any such act or offence; and
(iii). Enter and search, without warrant any premises to make any arrest or to take
possession of any property, fire-arm, weapon or article used, or likely to be used,
offence.
(3) Nothing contained in sub-section (1) or (2) shall affect the provisions of Chapter IX
of the Code and the provisions of section 132 of the Code shall apply to any person action under
this section.
5[6. Terrorism.— (1) In this Act “terrorism” means the use or threat of action where:
(a) The action falls with the meaning of sub-section (2); and
(b) The use or threat is designed to coerce and intimidate or overawe the Government
or the public or a section of the public or community or sect or create a sense of fear
or insecurity in society; or
2 Section 3 omitted by Amendment Ord. XXXIX of 2001 dated 14-08-2001.
3 The comma and words “, or in all probability likely to commit “ Omitted by second Amendment Ordinance XIII of 1999 dated 27.08.1999.
4 Subs by ordinance No.. XXXIX of 2001 dated 15-08-2001.
5 Section 6 substituted ordinance No. XXXIX of 2001 dated 15.08.2001.
(c) The use or threat is made for the purpose of advancing a religious, sectarian or
ethnic cause.
(2) An “action” shall fall within the meaning of sub-section (1), if it:
(a) Involves the doing or anything that causes death;
(b) Involves grievous violence against a person or grievous bodily injury or harm to
a person;
(c) Involves grievous damage to property:
(d) Involves the doing of anything that is likely to cause death or endangers a person’s
life;
(e) Involves kidnapping for ransom, hostage-taking or hijacking;
6[(ee) Involves use of explosives by any device including bomb blast].
(f) Incites hatred and contempt on religious, sectarian or ethnic basis to stir up violence
or cause internal disturbance;
(g) Involve stoning, brick-batting or any other form of mischief to spread panic:
(h) Involves firing on religious congregations, mosques, imambargahs, churches,
temples and all other places of worship, or random firing to spread panic, or involves
any forcible takeover o mosques or other places of worship;
(i) Creates a serious risk to safety of public or a section of the public, or is designed to
frighten the general public and thereby prevent them from coming out and carrying
on their lawful trade and daily business, and disrupts civil (civic) life;
(j) Involves the burning of vehicles or an other serious form of arson;
(k) Involves extortion of money (bhatta) or property;
(l) Is designed to seriously interfere with or seriously disrupt a communications system
or public utility service;
(m) Involves serious coercion or intimidation of a public servant in order to force him to
discharge or to refrain from discharging his lawful duties; or
(n) Involves serious violence against a member of the police force, armed forces, civil
armed forces, or a public servant.
(3) The use or threat or use of any action falling within sub-section (2) which involves
the use of fire-arms, explosives or any other weapon, is terrorism, whether or not subsection 1(c)
is satisfied.
(4) In this section “action” includes and act or a series of acts.
(5) In this Act, terrorism includes any act done for the benefit of a proscribed
organization.
(6) A person who commits an offence under this section or any other provision of this
Act, shall be guilty of an act of terrorism.
(7) In this Act, a “terrorist” means:
(a) A person who has committed an offence or terrorism under this Act, and is or has
been concerned in the commission, preparation or instigation of acts of terrorism;
(b) A person who is or has been, whether before or after the coming into force of this
Act, concerned in the commission, preparation or instigation of acts of terrorism,
shall also be included in the meaning given in Clause (a) above.
7[7. Punishment for acts of terrorism.— whoever commits an act of terrorism under Section
6, whereby
(a) death of any person is caused, shall be punishable, on conviction, with death or with
imprisonment for life, and with fine; or
(b) he does anything like to cause death or endangers life, but death or hurt is not
caused, shall be punishable, on conviction, with imprisonment of either description
6 inserted by Act. II of 2005 dated 11-01-2005
7 Section 7 substituted by Ordinance No. XXXIX of 2001 dated 15.08.2001.
for a term which shall be not less than 8[ten years] but may extend to 9[imprisonment
for life] and with fine:
(c) grievous bodily harm or injury is caused to any person, shall be punishable, on
conviction, with imprisonment of either description for a term which shall not be less
than 10[ten years] but may extend to imprisonment for life and shall also be liable to
a fine; or
(d) grievous damage to property is caused, shall be punishable on conviction, with
imprisonment, of either description for a term not less than ten years 11[but may
extend to imprisonment for life] and shall also be liable to a fine: or
(e) the offence of kidnapping for ransom or hostage-taking has been committed, shall
be punishable, on conviction, with death or imprisonment for life and shall be liable
to forfeiture of property; or
(f) the offence of hijacking, has been committed, shall be punishable, on conviction,
with death or imprisonment for life, and shall also be liable to forfeiture of property
and fine;
12(ff) the act of terrorism committed falls under section 6 (2) (ee), shall be punishable with
imprisonment which shall not be less than fourteen years but may extend to
imprisonment for life.
(g) the act of terrorism committed falls under Section 6(2) (f) and (g), shall be
punishable, on conviction, with imprisonment of not less than 13[two years] and not
more than 14[five years] and with fine; or
(h) the act of terrorism committed falls under clauses (h) to (n) of sub-section (2) of
Section 6, shall be punishable, on conviction, to imprisonment of not less than 15[five
years] 16[but may extend to imprisonment for life] and with fine; and
(i) any other act of terrorism not falling under Clauses (a) to (h) above or under any
other provision of this Act, shall be punishable, on conviction, to imprisonment of not
less than 17five years and not more than 18ten years or with fine or with both.
19[7-A] [xxxxxxxxxxxxxxx]
20[7-B] [xxxxxxxxxxxxxxx]
8. Prohibition of acts intended or likely to stir up sectarian hatred.— A person who:-
(a) uses threatening, abusive or insulting words or behavior; or
(b) displays, publishes or distributes any written material which is threatening, abusive
or insulting; or
(c) distributes or shows or plays a recording or visual images or sounds which are
threatening, abusive or insulting: or
(d) has in his possession written material or a recording or visual images or sounds
which are threatening, abusive or insulting with a view to their being displayed or
published by himself or another, view to their being displayed or published by
himself or another,
Shall be guilty of an offence if:--
(i) he intends thereby to stir up sectarian hatred; or
(ii) having regard to all the circumstances, sectarian hatred is likely to be stirred up
thereby.
8 For the words “Five years” the words “en years” substituted by Act II of 2005 dated 11.01.2005.
9 Substituted for the words “fourteen years” by Act II of 2005 dated 11.01.2005.
10 For the words “seven years” the words “en years” substituted by Act II of 2005 dated 11.01.2005.
11 Substituted for the words “and not exceeding fourteen years” by Act II of 2005 dated 11.01.2005.
12 Inserted by Act II of 2005 dated 11.01.2005
13 For the words “six months” the words “two years” substituted by Act II of 2005 dated 11.01.2005.
14 For the words “three years” the words “five years” substituted by Act II of 2005 dated 11.01.2005.
15 For the words “One Year” the words “five years” substituted by Act II of 2005 dated 11.01.2005.
16 Subs for the words “and not more than ten year” by Act II of 2005 dated 11.01.2005.
17 For the word Six months the word “five year” substituted by Act II of 2005 dated 11.01.2005.
18 For the word five years the word “ten year” substituted by Act II of 2005 dated 11.01.2005.
19 Section 7A omitted by Amendment Ordinance XXXIX of 2000 dated 24-07-2000
20 Section 7B omitted by Amendment Ordinance XXXIX of 2000 dated 24-07-2000
9. Punishment for offence under section 8.— Whoever contravenes contravenes any
provision of section 8 shall be punished with 21[xxx] imprisonment for a term which may extend to
22[five years], 23[and with fine].
10. Power to enter or search.— If any officer of the police, armed forces or civil armed forces
is satisfied that there are reasonable grounds for suspecting that a person has possession of
written material or a recording in contravention of section 8 he may enter and search the premises
where it is suspected the material or recording is situated and take possession of the same; 24[:
Provided that the concerned officer first record in writing his reasons for such belief and
serve a copy thereof either on the person or on the premises].
11. Power to order forfeiture.— (1) 25An [Anti-Terrorism Court] by which a person is convicted
of an offence under section 9 shall order to be forfeited any material or recording referred to
therein.
(2) Where the person who collected the material or recording cannot be found or
identified the 26[Anti-Terrorism Court] on the application of the official seizing the material or
recording shall forfeit the material or recording to the State to be disposed off as directed by it.
11-A. 27[Organizations concerned in terrorism.— For the purposes of this Act, an
organization is concerned in terrorism if it—
(a) Commits or participates in acts of terrorism;
(b) Prepares for terrorism;
(c) Promotes of encourages terrorism;
(d) Supports and assists any organization concerned with terrorism;
(e) Patronize and assists in the incitement of hatred and contempt on religious,
sectarian or ethnic lines that stir up disorder;
(f) Fails to expel from its ranks or ostracize those who commit acts of terrorism and
present them as heroic persons: - or
(g). Is otherwise concerned in terrorism.
11B. 28[Prescription.— (1) For the purposes of this Act, an organization is proscribed.
(a) The Federal Government, having reason to believe that an organization is
concerned in terrorism, by order, lists it in the First Schedule;
(b) It operates under the same name as an organization listed in the First Schedule or it
operates under a different name; or;
(c) The First Schedule is amended by the Federal Government in any way to enforce
proscription;
(2) The Federal Government may, by order, add or remove an organization from the
first Schedule or amend it in any other way.
11-C. 29[Right of Review.— (1) Where any proscribed organization is aggrieved by the order of
the Federal Government made under Section 11-B, it may, within thirty days of such order, file a
review applications in writing, before the Federal Government, stating the grounds on which it is
made, and the Federal Government shall, after hearing the applicant, decide the matter within
ninety days;
(2) An organization whose review application has been refused under sub-section (1)
may file an appeal on the High Court within thirty days of the refusal of the review application.
(3) The Federal Government shall appoint a Proscribed Organizations Review
Committee to determine all review applications under sub-section (1).
21 The word rigorous omitted by Ordinance No. XIII of 1999
22 Subs for the word “seven” by Ords. XXXIX of 2001.
23 Subs by for thw word “or with fine or with both” by Ordinance No. XIII of 1999 dated 27.08.1999.
24 In section 10, the full stp at the end replaced by a colon and thereafter the proviso added by Ordinance No. XIII of 1999 dated 27.08.1999.
25 For the word “Special Court”, “a Special Court” or “the Special Court” wherever occurring the word “Anti Terrorism Court”, “an Anti Terorism Court”
or “the Anti Terrorism Court” substituted by Ordinance No. XIII of 1999 dated 27-08-1999, s.2
26 Subs by Second Amendment Ord. XIII of 1999.
27 Added by ordinance No. XXXIX of 2001 dated 15.08.2001.
28 Added by ordinance No. XXXIX of 2001 dated 15.08.2001.
29 Added by ordinance No. XXXIX of 2001 dated 15.08.2001.
11-D. 30Observation Order.— Where the Federal Government, has reason to believe that an
organization is acting in a manner that it may be concerned in terrorism:
(1) The organization may be kept under observation, if
(a) The name of the organization is listed in the Second Schedule by order of the
Federal Government; or
(b) It operates under the same name as an organization listed in the second
Schedule.
(2) An organization or a person aggrieved by the observation order passed under
subsection (1) may file a review application before the Federal Government, which
shall, after hearing the applicant, decide the matter within sixty days.
(3) Where the organization is under observation, the Federal Government may further
extend the period of observation, only after giving the organization an opportunity of
f being heard.
(4) Each observation period shall be for six months, and may be extended by the
Federal Government only after giving an opportunity of being heard to the
organization concerned.
11-E. 31Measures to be taken against a proscribed organization.— Where any organization
shall be proscribed;
(1) Amongst other measures to be taken by the Federal Government.---
(a) It offices, if any, shall be sealed;
(b) Its accounts, if any shall be frozen;
(c) All literature, posters, banners or printed, electronic, digital or other material shall be
seized; and
(d) Publication, printing or dissemination of any press statements, press conferences or
public utterances by or on behalf of or in support of a proscribed organization shall
be prohibited.
(2) The Proscribed Organization shall submit all accounts of its Income and expenditure
for its political and social welfare activities and disclose all funding sources to the
competent authority designated by the Federal Government.
32[11EE. Security for good behavior.— (1) Whenever the Federal or Provincial Government on
an information received from any source that any person is an activist, office-bearer or an
associate of an organization kept under observation under Section 11-D or proscribed under
Section 11-E, or in any way concerned or suspected to be concerned with such organization or
affiliated with any group or organization suspected to be involved in terrorism or sectarianism,
such Government may notify the name of such person or persons in a list entered in the Fourth
Schedule.
(2) Where a person’s name is listed in the Fourth Schedule, the Federal or Provincial
Government, as the case may be, without prejudice to any other action which may lie against
such person under this Act or any other law for the time being in force, may take following actions
and exercise following powers, namely—
(a) require such person to execute a bond with one or more sureties to the satisfaction
of the District Police Officer in the territorial limits of which the said person ordinarily
resides, or carries on business, for his good behavior and not to involve in any act of
terrorism or in any manner advance the objectives of the organization referred to in
sub-section (1) for such period not exceeding three years and in such amount as
may be specified:
Provided that where he fails to execute the bond or cannot produce a surety or sureties to
the satisfaction of the District Police Officer order him to be detained and produced within twentyfour
hours before a Court which shall order him to be detained in prison until he executes the
bond or until a satisfactory surety or sureties if required, are available or, failing that the term of
the order under clause (a) expires:
Provided further that where he is a minor, the bond executed by a surety or sureties only
may be accepted;
30 Added by ordinance No. XXXIX of 2001 dated 15.08.2001.
31 Added by ordinance No. XXXIX of 2001 dated 15.08.2001.
32 New Section 11EE inserted by Amendment Ord. (XXV) of 2002 dated 15-11-2002.
(b) require any such person to seek prior permission from the officer incharge of the
Police Station of the concerned area before moving from his permanent place of
residence for any period of time and to keep him informed about the place he would
be visiting and the persons, he would be meeting during the stay;
(c) require:
(i) that his movements to be restricted to any place or area specified in the
order;
(ii) he to report himself at such times and places and in such mode as may be
specified in the order;
(iii) he to comply with both the directions; and
(iv) that he shall not reside within areas specified in the order.
(d) Direct that he shall not visit or go within surroundings specified in the order including
any of the under mentioned places, without the written permission of the officer
incharge of the Police Station within whose jurisdiction such place is situated,
namely:--
(i) schools, colleges and other institutions where persons under twentyone
years of age or women are given education or other training or are
housed permanently or temporarily;
(a) theatres, cinemas, fairs, amusement parks, hotels; clubs; restaurants,
tea shops and other place of public entertainment or resort;
(b) airports, railway stations, bus stands, telephone exchanges, television
stations, radio stations and other such places;
(ii) public or private parks and gardens and public or private playing fields; and
(iii) the scene of any public meeting or procession of any assemblage of the
public whether in an enclosed place or otherwise in connection with any
public even festival or other celebrations;
(e) check and probe the assets of such persons or their immediate family members i.e,
parents, wives and children through police or any other Government agency, which
shall exercise the powers as are available to it under the relevant law for the
purposes of the investigation, to ascertain whether assets and sources of income
are legitimate and are being spent on lawful objectives:
Provided that no order under clause (d) or (e) above shall be made operative for a period
of more than three years; and
(f) monitor and keep surveillance over the activities of such person through police or
any other Government agency- or any person or authority designated for the
purpose.
(3) Any person whose name has been notified .in the list entered in the Fourth
Schedule under sub-section (1) or is aggrieved by any direction or order of the Federal or
Provincial Government made under sub-section (2), may within thirty days of such notification,
direction or order, prefer an appeal to the Federal or Provincial Government, as the case may be,
and such Government after providing an opportunity of being heard to such person decide the
appeal within thirty days.
(4) Any person who violates any direction or order of the Federal or Provincial
Government or any terms of bond referred to in sub-section (2), shall be punishable with
imprisonment of either description for a term which may extend to three years, or with fine or with
both.
33[11-EEE. Power to arrest and detain suspected persons.— (1) Government if satisfied that
with a view to prevent any person whose name is included in the list referred to Section 11-EE, it
is necessary so to do, may, by order in writing, direct to arrest and detain, in such custody as may
be specified, such person for such period as may be specified in the order, and Government if
satisfied that for the aforesaid reasons it is necessary so to do, may, extend from time to time the
period of such detention for a total period not exceeding twelve months..
(2) The provisions of Article 10 of the Constitution of the Islamic Republic of Pakistan
shall mutatis mutandis apply to the arrest and detention of a person ordered under subsection (1).
33 New Section 11EEE inserted by Amendment Ord. (XXV) of 2002 dated 15-11-2002.
11-F. 34Membership, support and meetings relating to a Proscribed Organization.— (1) A
person is guilty of an offence if he belongs or professes to belong to a proscribed organization.
(2) A person is guilty of an offence under sub-section (1) shall be liable of conviction to
a term not exceeding six months imprisonment and a fine.
(3) A person commits an offence if he:
(a) Solicits or invites support for a proscribed organization, and the support is not, or is
not restricted to, the provision of money of other property; or
(b) Arranges, manages or assists in managing, or addressing a meeting which he
knows is.---
(i) To support a proscribed organization;
(ii) To further the activities of a proscribed organization; or
(iii) To be addressed by a person who belongs or professes to belong to a
proscribed organization.
(4) A person commits an offence if he addresses a meeting, or delivers a sermon to a
religious gathering, by any means whether verbal, written, electronic, digital or otherwise, and the
purpose of his address or sermon, is to encourage support for a proscribed organization or to
further its activates.
(5) A person commits an offence if he solicits, collects, or raises funds for a proscribed
organization.
(6) A person guilty of an offence under sub-sections (3), (4) and (5) shall be liable on
conviction to a term of imprisonment not less than one year and not more than five and a fine.
11-G. 35Uniform.— (1) A person commits an offence if he-
(a) wears, carries or displays any article, symbol, or any flag or banner connected with
or associated with any proscribed organization; or
(b) carries, wears or displays any uniform, item of clothing or dress in such a away or in
such circumstances as to arouse reasonable suspicion that he is a member or
supporter of a proscribed organization.
36[(2) A person who commits an offence under sub-section (1) shall be liable by way of
summary procedure to simple imprisonment for a term not more exceeding three months or to a
fine or to both.
11-H. 37Fund raising.— (1) A person commits an offence if he—
(a) Invites another to provide money or other property, and
(b) Intends that it should be used, or has reasonable cause to suspect that it may be
used, for the purpose of terrorism.
(2) A person commits an offence if
(a) He received money or other property, and
(b) Intends that it should be used, or has reasonable cause to suspect that it may be
used, for the purposes of terrorism.
(3) A person commits an offence if he,
(a) Provides money or the property, and
(b) Knows or has reasonable cause to suspect that it will or may be used for the
purposes of terrorism.
(4) In this section a reference to the provision of money or other property is a reference
to its being given, lent or otherwise made available, whether or not for consideration.
11-I. 38Use and possession.— (1) A person commits an offence if.---
(1) he uses money or other property for the purposes of terrorism; or
(2) he—
34 Added by ordinance No. XXXIX of 2001 dated 15.08.2001.
35 Added by ordinance No. XXXIX of 2001 dated 15.08.2001.
36 Sub section (2) subs by (Second Amendment) Act 2004 Act No. II of 2005 dated 10-01-2005.
37 Added by ordinance No. XXXIX of 2001 dated 15.08.2001.
38 Added by ordinance No. XXXIX of 2001 dated 15.08.2001.
(a) Possesses money or other property; and
(b) Intends that it should be used, or has reasonable cause to suspect that it may be
used, for the purposes of terrorism.
11-J. 39Funding Arrangements.— A person commits an offence if he--
(a) Enters into or becomes concerned in an arrangement as a result of which money or
other property is made available or is to be made available to another, and
(b) Has reasonable cause to suspect that it will or may be used for the purposes of
terrorism.
11-K. 40Money-laundering.— (1) Person commits an offence if he enters into or becomes
concerned in any arrangement which facilitates the retention or control, by or on behalf of another
person, of terrorist property.
(a) By concealment,
(b) By removal from the jurisdiction.
(c) By transfer of nominees, or
(d) In any other way.
(2) It is a defense for a person charged with an offence under sub-section (1) to prove
that he did not know and had no reasonable cause to suspect that the arrangement related to
terrorist property.
11-L. 41Disclosure of Information.— (1) Where a person--
(a) Believes or suspects that another person has committed an offence under this Act;
and
(b) Bases his belief or suspicion on information which comes to his attention in the
course of a trade, profession, business or employment, he commits an offence if he
does not disclose to a police officer as soon as is reasonably practicable his belief or
suspicion, and the information on which it is based.
(2) It is a defense for a person charged with an offence under sub-section (1) of this
section to prove that he had a reasonable excuse for not making the disclosure:
Provided that this sub-section does not require disclosure, by a professional legal advisor
of any information which he obtains in privileged circumstances.
(3) A person may disclose to a police officer—
(i) A suspicion or belief that any money or other property is terrorist property or is
derived from terrorist property: or
(ii) Any matter on which the suspicion is based.
(4) Sub-section (3) shall have effect notwithstanding any restriction on the disclosure of
information imposed by any law for the time being in force:
11-M. 42Cooperation with Police.— (1) A person does not commit an offence under Section 11-
H to 11-K, if he is acting with the express consent of a police officer not below the rank of a
Deputy Superintendent.
(2) Subject to sub-sections (3) and (4) under this section, a person does not commit an
offence under Sections 11-H to 11-K by involvement in a transaction or arrangement relating to
money or the property if he discloses to a police officer:--
(a) His suspicion or belief that the money or other property is terrorist property, and
(b) The information on which his suspicion or belief is based.
(3) Sub-section (2) under this section applies only where a person makes a disclosure
—
(a) after he becomes concerned in the transaction concerned;
(b) on his own initiative; and
(c) as soon as is reasonably practicable.
39 Added by ordinance No. XXXIX of 2001 dated 15.08.2001.
40 Added by ordinance No. XXXIX of 2001 dated 15.08.2001.
41 Added by ordinance No. XXXIX of 2001 dated 15.08.2001.
42 Added by ordinance No. XXXIX of 2001 dated 15.08.2001.
(4) Sub-section (2) under this section does not apply to a person if—
(a) A police officer forbids his to continue his involvement in the transaction or
arrangement to which the disclosure relates, and
(b) He continues his involvement.
(5) It is a defence for a person charged with an offence under Section 11-H to 11-J to
prove that
(a) He intended to make a disclosure, and
(b) There is reasonable excuse for his failure to do so.
11-N. 43Punishment under Sections 11-H to 11-K.— Any person who commits an offence
under Sections 11-H to 11-K, shall be punishable on conviction with imprisonment for a term no
less than 44[five years] and not exceeding 45[ten years] and with fine.
11-O. 46Seizure and detention.— An officer authorized by the Provincial Government in this
behalf, hereinafter referred to as the “authorized officer” may seize and detain any cash
recovered, if he has reasonable grounds for suspecting that.---
(a) It is intended to be used for the purposes of terrorism,
(b) It forms the whole or part of the resources of a proscribed organization, and includes
any cash which is applied or made available, or is to be applied or made available,
for use by the organization whether being imported into, or exported from, Pakistan;
or
(c) It is terrorist property within the meaning given in Section 2(aa):
Provided that any such seized cash under this section shall be released not later than the
end of the period of 48 hours beginning with the time when it is seized, unless an application has
been made to the Court under Section 11-P and an order has been obtained for its detention for a
further specified period.
11-P. 47Application by authorized officer to a Court.— (1) An authorized officer may apply to a
Court for an order under this section in relation to any cash seized under Section 11-O.
(2) An order under this section-
(a) shall authorize, the further detention, under Section 11-O of the case to which it
relates for a period specified in the order, if the continued detention of the cash is
justified pending completion of an investigation of its origin or derivation;
(b) shall specify a period which ends not later than the period of three months beginning
with the date of the order; and
(c) zshall require notice to be given to the person from whom the cash was seized and
to any other person who is affected by and specified in the order.
(3) Any cash detained under Section 11-O. if detained for a further specified period
under this section shall be held in profit and loss account and the profit and the profit and loss so
earned shall be added to it on its released or forfeiture.
11-Q. 48Forfeiture.— (1) The Court by or before which a person is convicted of an offence under
any of the Sections 11-H to 11-M may make a forfeiture order in accordance with the provisions of
this section.
(2) Where a person is convicted of an offence under Section 11-H(1) or (2) or Section
11-1, the Court may order the forfeiture of any money or other property-
(a) Which, at the time of the offence, he had in his possession or under his control; and
(b) Which, at that time, he intended should be used, or had reasonable cause to
suspect might be used, for the purposes of terrorism.
(3) Where a person has been convicted under Section 11-H (3), the Court may order
the forfeiture of any money or other property:
(a) Which, at the time of the offence, he had in his possession or under his control, and:
43 Added by ordinance No. XXXIX of 2001 dated 15.08.2001.
44 For the word “six months” the words “five years” substituted by Act II of 2005 dated 11.01.2005
45 For the words “five years” the words “ten years” substituted by Act II of 2005 dated 11.01.2005.
46 Added by ordinance No. XXXIX of 2001 dated 15.08.2001.
47 Added by ordinance No. XXXIX of 2001 dated 15.08.2001.
48 Added by ordinance No. XXXIX of 2001 dated 15.08.2001.
(b) Which, at the time, he knew or had reasonable cause to suspect would or might be
used for the purposes of terrorism.
(4) Where a person is convicted of an offence under Section 11-J, the Court may order
the forfeiture of the money of other property-
(a) To which the arrangement in question related; and
(b) Which, at the time of the offence, he knew or had reasonable cause to suspect
would or might be used for the purposes of terrorism.
(5) Where a person is convicted of an offence under Section 11-K, the Court may order
the forfeiture of the money or other property to which the arrangement in question related.
(6) Where a person is convicted of an offence under any of the Sections 11-H to 11-K
the Court may order forfeiture of any money or other property which wholly or partly, and directly
or indirectly, is received by any person as a payment or other reward in connection with the
commission of the offence.
11-R. 49Authorized officer may apply to Court for forfeiture.— (1) Any authorized officer may
apply to the Court for an order forfeiting the cash being detained under Sections 11-P and 11 Q.
(2) The Court may grant an application only if satisfied on the balance of probabilities
that the cash is cash of a kind as defined in section 11-Q, and before so doing must given an
opportunity to be heard to any person-
(a) Who is not a party to the proceedings, and
(b) Who claims to be the owner of or otherwise interested in any of the cash which can
be forfeited under this section.
(3) An order may be made under this section, whether or not proceedings are brought
against any person for an offence with which the cash is connected.
11-S. 50Appeal against forfeiture order under Section 11-R.— (1) Any party to the
proceedings in which a forfeiture order is made under Section 11-R, may appeal to the High Court
against such an order.
(2) An appeal must be brought before the end of the period of thirty days beginning with
the dated on which the forfeiture order was made.
11-T. 51Deposit of Cash in a fund.— (1) Any cash to which a forfeiture order under Sections
11-R and 11-S applies, along with the profit and loss accrued, shall be deposited into a special
fund to be notified by the Federal Government.
(a) After the expiry of the limitation period within which an appeal against the forfeiture
order may be brought under Section 11-S (2), or
(b) Where an appeal brought under Section 11-S has been determined and disposed
of.
(2) Any fund constituted by the Federal Government under sub-section (1) may also be
used to compensate victims of acts of terrorism or in the case of deceased victims, their
dependents.
11-U. 52De-proscription.— (1) After three years of the disposal of the appeal, if any, or where no
appeal was filed, from the date of the order of proscription, or from the dated of any refusal of an
application of de-proscription, the proscribed organization may apply in writing to the Federal
Government for the exercise of its power under Section 11-B (d) to remove the organization from
the First Schedule, where the proscribed organization feels that it can prove to the satisfaction of
the Federal Government that the reasons for its proscription have ceased to exist.
(2) The Federal Government shall decide such application within a period of ninety
days, after providing a reasonable opportunity of hearing to the applicant.
11-V. 53Directing terrorist activities.— (1) A person commits an offence if he—
(a) Directs, at any level, whilst resident in Pakistan or abroad, activities of an
organization concerned with the preparation, instigation or commission of acts of
terrorism; or
49 Added by ordinance No. XXXIX of 2001 dated 15.08.2001.
50 Added by ordinance No. XXXIX of 2001 dated 15.08.2001.
51 Added by ordinance No. XXXIX of 2001 dated 15.08.2001.
52 Added by ordinance No. XXXIX of 2001 dated 15.08.2001.
53 Added by ordinance No. XXXIX of 2001 dated 15.08.2001.
(b) Directs, from within the country or abroad, activities connected with the commission,
preparation or instigation of an act of terrorism.
(2) A person guilty of an offence under sub-section (1) shall be liable on conviction to
54[imprisonment for life] and to forfeiture or confiscation of his assets within or outside Pakistan.
11-W. 55Printing, publishing, or disseminating any material to incite hatred or giving
projection to any person convicted for a terrorist act or any proscribed organization or an
organization placed under observation or anyone concerned in terrorism.— (1) A person
commits an offence if he prints, publishes or disseminates any material, whether by audio or
video-cassettes or by written, photographic, electronic, digital, wall-chalking or any method which
incites religious, sectarian or ethnic hatred or gives projection to any person convicted for a
terrorist act, or any person or organization concerned in terrorism or any person organization or
an organization placed under observation:
Provided that a factual news report, made in good faith, shall not be constructed to mean
”projection” for the purposes of this section.
56[(2) Any person guilty of an offence under sub-section (1) shall be punishable on
conviction with imprisonment which may extend to five years and with fine
11-X. 57Responsibility for creating civil commotion.— (1) A person commits an offence if he
makes any call for action or shut-down, imposed through the use of threats or force resulting in
damage or destruction of property or injury to person, to intimidate citizens and prevent them from
carrying out their lawful trade or business activity.
(2) A person guilty of an offence under sub-section (1) shall on conviction be punishable
with imprisonment for a term not less than 58[five years] and not more than 59[ten years] and shall
pay compensation as may be determined by the Court, from the funds of the organization to
which he belongs or from his own personal resources or assets for the hurt or damage or
destruction caused as result of the commission of the offence under sub-section (1).
(3) A person commits an offence if he addresses a meeting or gathering or delivers a
sermon to a religious gathering by any means whether verbal, written, electronic, digital or
Otherwise to incite religious, sectarian or ethnic hatred and contempt, and shall, on conviction, be
punishable with imprisonment not less than 60[five years] and not more then 61[ten years] or with
both.
12. Jurisdiction of 62[Anti Terrorism Court].— (1) Notwithstanding anything contained in the
Code or in any other law, a scheduled offence committed in an area in a province shall be triable
only by the 63[Anti-Terrorism Court] exercising territorial jurisdiction in relation to such area.
(2) Notwithstanding anything contained in sub section (1) if in respect of a case
involving a scheduled offence committed in any area, the Government, having regard to the facts
and circumstances of the case, is satisfied that in order to ensure a fair trial, or for the protection
and safety of witnesses, that such offence should be tried by an 64[Anti Terrorism Court]
established in relation to any other area, the Government may make a declaration to that effect.
Explanation – Where an 65[Anti Terrorism Court] is established in relation to two or more
areas, such 66[Anti-Terrorism Court] shall be deemed, for the purpose of this sub-section, to have
been established in relation to each of such areas.
(3) Where a declaration is made in respect of an offence committed in an area a
Province, any prosecution in respect such offence shall be instituted only in the 67[Anti Terrorism
Court] established in relation to such area, and, if any prosecution in respect of such offence is
pending immediately before such declaration in any other Court, the same shall stand transferred
54 Subst. for the word “imprisonment for the maximum term of seven years” act II of 2005 dated 11.01.2005.
55 Added by ordinance No. XXXIX of 2001 dated 15.08.2001.
56 Sub Section (2) of section 11-W substituted by Act II of 2005 dated 11.01.2005. at the time os substitution the said sub-section was as under (2)
Any person guilty of an offence under subsection (1) shall be liable by way of summary procedure, on conviction, to a maximum term of six month
imprisonment.
57 Added by ordinance No. XXXIX of 2001 dated 15.08.2001
58 For the word “six months” the words “ten years” substituted by Act II of 2005 dated.11.01.2005
59 For the word “five years” the words “ten years” substituted by Act II of 2005 dated.11.01.2005
60 For the word “six months” the words “ten years” substituted by Act II of 2005 dated.11.01.2005
61 For the word “three years” the words “ten years” substituted by Act II of 2005 dated.11.01.2005
62 Substituted by Ordinance No. XIII of 1999 dated 27.08.1999, S.2
63 Substituted by Ordinance No. XIII of 1999 dated 27.08.1999, S.2
64 Substituted by Ordinance No. XIII of 1999 dated 27.08.1999, S.2
65 Substituted by Ordinance No. XIII of 1999 dated 27.08.1999, S.2
66 Substituted by Ordinance No. XIII of 1999 dated 27.08.1999, S.2
67 Substituted by Ordinance No. XIII of 1999 dated 27.08.1999, S.2..
to such 68Anti Terrorism Court and such 69[Anti Terrorism Court] shall proceed with such case from
the stage at which it was pending a that time without the necessity of recalling any witnesses.
13. 70[Establishment of (Anti Terrorism Court).— (1) for the purpose of providing for the
speedy trial of the cases referred to in sub-section (2) and sub-section (3) of Section 39-A, and of
scheduled offences, the Federal Government, or if so directed by the Government, the Provincial
Government may establish by notification one or more Anti Terrorism Courts in relation to 71[each
territorial area as specified by the High Court concerned].
(2) Where more Anti Terrorism Courts than one have been established in ant area the
Government in consultation with Chief Justice of the High Court shall 72[designate a Judge of any
such Court to be an administrative Judge] and all cases triable under this Act pertaining to the
said area shall be filed before the 73[said Court and such judge may either try the case himself] or,
assign any case, or cases, for trial to any other Anti-Terrorism Court at any time prior to the
framing of the charge. The cases shall be assigned to a court one case at a time:
Provided that in order to ensure that the time of the Court is not wasted if for some reason
a given case cannot proceed more than one case can be assigned to it at any time or from time to
time.
(3) In respect of a case assigned to court under sub section (2), all orders made or
proceedings taken before the assignment shall be deemed to have been made or taken by the
court to which case has been assigned.
74[(4) Notwithstanding anything contained in sub section (2) and sub section (3) the
Federal Government or if so directed by the Government, the Provincial Government shall in
addition to the existing 75[Anti Terrorism Court] or such other 76[Anti-Terrorism Courts] as may be
established in the area, establish one such additional 77[Anti-Terrorism Court] under this Act at the
Principal seat of the 78[each High Court] and appoint a Judge of such High Court as a Judge of
79[Anti-Terrorism Court] in consultation with the Chief Justice of the High Court concerned, and
where a Judge of High Court is appointed as a Judge for any area under this Act, he shall be the
administrative judge for that area and such administrative Judge, in addition to the powers
exercisable under this Act, either suo motu or on the application of any party, at any stage of the
proceedings whether before or after the framing of charge for sufficient cause including as
mentioned in sub section (1) of Section 28, Transfer, withdraw or recall any case pending before
any other 80[Anti Terrorism Court] in that area and may either try the case himself or make it over
for trial in any other 81[Anti Terrorism Court] in that area.
(5) The 82[Anti Terrorism Court to which a case is transferred or recalled for trial under
Sub-section (4), shall proceed with the case from the stage at which it was pending immediately
before such transfer or recall and it shall not be bound to recall or rehear any witness who has
given evidence and may act on the evidence already recorded].
14. 83[Composition and appointment of presiding officers of Anti-terrorism Courts.— (1)
an Anti Terrorism Court Shall consist of a Judge, being person who;-
(i) is a Judge of High Court or is or has been Sessions judge or an Additional
Sessions Judge; or
(ii) Is Judicial Magistrate First Class vested with powers under Section 30 of the Code;
or
(iii) has for a period of not less than ten years been an advocate of a high Court.
68 Substituted for the word “each area” by ordinance No. VI of 2002 dated 31.01.2002.
69 Substituted for the word “each area” by ordinance No. VI of 2002 dated 31.01.2002.
70 Section 13 substituted by Ordinance No. XIII of 1999 dated 27.08.1999..
71 Substituted by Ordinance No. CXXXIV of 1999 dated 23.11.2002
72 Substituted by Ordinance No. CXXXIV of 1999 dated 23.11.2002
73 Substituted by Ordinance No. CXXXIV of 1999 dated 23.11.2002
74 Added by Ordinance XX of 1999 w.e.f. 02-12-1999.
75 Subs by Ordinance VI of 2002 dated 31-01-2002.
76 Subs by Ordinance VI of 2002 dated 31-01-2002.
77 Subs by Ordinance VI of 2002 dated 31-01-2002.
78 Subs by Ordinance VI of 2002 dated 31-01-2002.
79 Subs by Ordinance VI of 2002 dated 31-01-2002.
80 Subs by Ordinance VI of 2002 dated 31-01-2002.
81 Subs by Ordinance VI of 2002 dated 31-01-2002.
82 Subs by Ordinance VI of 2002 dated 31-01-2002.
83 Section 14 Substituted by Ord. No. CXXXIV of 2002, dated 23-11-2002.
(2) The Federal Government or the Provincial Government, if directed by the Federal
Government to establish a court under this Act, shall, after consultation with the Chief Justice of
the High Court, appoint a Judge of each court.
(3) A Judge shall hold office for a period of two and a half years but may be appointed
for such further term or part of term as the Government appointing the Judge may determine.
(4) A Judge may be removed from his office prior to the completion of the period for
which he has been appointed after consultation with the Chief Justice of the High Court.
(5) In case a Judge is on leave, or for any other reason temporarily unable to perform
his duties, the Government making appointment of such Judge may, after consultation with the
Chief of High Court, authorize the Sessions Judge, having jurisdiction at the principal seat of the
Anti-Terrorism Court, to conduct proceedings of urgent nature so long as such Judge is unable to
perform his duties.
(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-sections (2) and (3), an 84[Anti-Terrorism] shall
ordinarily sit at such place or places 85[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 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),
an 86[Anti-Terrorism] may, if it considers it expedient or desirable so to do either suo motu 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 87[Anti-Terrorism Court].— A 88[Judge] of an 89[Anti-Terrorism Court] shall, at the
commencement of a proceeding under this Act, make oath, in the case of 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 90[the constitution,
law and his conscience].
Non-taking of oath by Presiding Officer of Anti-Terrorism Court in accordance with
requirement of S. 16 would not vitiate the trial by him when such omission has not prejudiced the
accused.
17. Powers of 91[Anti-Terrorism Court] with respect to other offences.— When trying any
scheduled offence, an 92[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.— 93(1) the Provincial Government shall appoint in relation to each
Anti –Terrorism Court or 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 meaning of
Section 492 of the Code, and the provisions of the Code shall have effect accordingly.
84 Subs by ordinance No. XIII of 1999 dated 27.08.1999, S.2
85 Inserted Ordinance No. VI of 2002 dated 31.01.2002.
86 Subs by ordinance No. XIII of 1999 dated 27.08.1999, S.2
87 Substituted by Ordinance No. XIII of 1999 dated 27.08.1999.
88 Subs by Second Amendment Ord. CXXXIV of 2002, dated 23-11-2002.
89 Subs by Ordinance No. XIII of 1999 dated 27.08.1999, S.2.
90 Substituted for the word “his faith to the effect that he will decide the case honestly, faithfully according to his conscience and belief” by ordinance
No. XII of 1999 dated 27.08.1999.
91 Subs by Ordinance No. XIII of 1999 dated 27.08.1999, S.2.
92 Subs by Ordinance No. XIII of 1999 dated 27.08.1999, S.2.
93 Subs by Ordinance No. XIII of 2002, dated 31-01-2002
19. Procedure and Powers of 94[Anti Terrorism Court.— 95[(1) All offences under this
Ordinance, except the offences in respect of which the investigation has already been completed
and final report under section 173 of the Code has been submitted in the Court, shall be
investigated by a Joint investigation Team which shall comprise of a police officer not below the
rank of an Inspector and an officer of any other Investigating Agency, including an intelligence
agency, whom the Federal Government, or as the case may be, the Provincial Government, may
nominate for the purpose. The Joint Investigation Team shall complete the investigation in respect
of a case triable by an Anti-Terrorism Court within seven working days and forward directly to the
Anti-Terrorism Court a report under section 173 of the Code.
(1A) The Joint Investigation Team referred to in sub-section (1) shall have and exercise
same powers as are vested in an officer incharge of a Police Station under the Code].
(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 96Anti-
Terrorism Court and the person committing the default shall be liable to be punished for contempt
of Court.
(3) 97The Anti-Terrorism Court may directly take cognizance of a case triable by such
Court within the case being sent to it under section 190 of the Code.
98[(4). [xxxxxxxxxxxxxxxx]
(5) where in a case triable by 99[an Anti-Terrorism Court], an accused has been
released from police custody or 100[custody of any other investigating agency joined in an
investigation], under section 169 of the Code, or has been remanded to judicial custody, the 101
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 or 102[custody of any other investigating Agency joined in investigation] for the purpose of
further investigation in the case.
(6) An 103[Anti-Terrorism Court] shall be deemed to be a Magistrate for purpose of
104[sub-Section] (5).
105 [(7) The Court shall, on taking cognizance of a case, proceed with the trial from
day today and shall decide the case within seven days, failing which an application may be made
to the Administrative Judge of the High Court concerned for appropriate directions for expeditious
disposal of the case to meet the ends of justice].
106[(8) An Anti-Terrorism Court shall not give more than two consecutive adjournments
during the trial of the case. 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].
107[(8a) Non-compliance with the provisions of sub-section (8) may render the
presiding officer of the court liable to disciplinary action by the concerned High Court.
(8-b) Notwithstanding anything contained in section 7 of the Explosive Substances 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
94 Subs by Ordinance No. VI of 2002, dated 31.01.2002
95 Subs (1) substituted by Ord. VI of 2002, dated 31-01-2002.
96 Subs by Ordinance No. XIII of 1999 dated 27.08.1999, S.2
97 Subs by Ordinance No. XIII of 1999 dated 27.08.1999, S.2
98 Sub-section (4) omitted by Ord. XXXIX of 2001 dated 15-08-2001.
99 Subs by Ord. XIII of 1999 dated 27.08.1999, s.2.
100 Inserted by Ord. VI of 2002 dated 31-01-2002.
101 Subs by Ord. XIII of 1999 dated 27.08.1999, s.2.
102 Inserted by Amendment Ord. VI of 2002 dated 31-01-2002.
103 Subs by Ord. XIII of 1999 dated 27.08.1999, s.2.
104 Substituted for “sub-section (4) and” by Ord. XXXIX of 2001 dated 15-08-2001.
105 Subs by Ord. XXXIX of 2001 dated 15-08-2001.
106 Sub – section (8) substituted by Act II of 2005 dated 11.01.2005. at the time of substitution the said sub section was as under:
(8) An Anti Terrorism Court shall not adjourn any trial for any purpose unless such adjournment is, in its opinion, necessary in the interest of justice
and no adjournment shall, in any case, be granted for more than two working days.
107 Sub sections (8a) and (8b) inserted by Act II of 2005 dated 11.01.2005.
challan in the court, the same shall be deemed to have been given or accorded and the court
shall proceed with the trial of the case].
(9). 108An Anti-Terrorism Court shall not, merely by reason of a change in its composition
or transfer of a case under sub-section (1) of Section 10, be bound to recall and re-hear any
witness who has given evidence and may act on the evidence already recorded.
109[(10) Any accused person may be tried in his absence if the Anti-Terrorism court, after
such inquiry as it deems fit, is satisfied that such absence is deliberate and brought about with a
view to impeding 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 three national daily newspapers out
of which one shall be in the Urdu 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 110[Anti- Terrorism Court] for the purpose and he shall be engaged at the
expense of the Government.
111[(11-A) Noting 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 subsection
(10) appears voluntarily, or is apprehended and brought before 112[The Anti- Terrorism
Court), and proves to its satisfied that he did not abscond or conceal himself for the purpose of
avoiding the proceeding against him, the 113[Anti-Terrorism Court] shall set aside his conviction
and proceed to try him in accordance with law for the offence with which he is charged:
Provided that the 114Anti-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
satisfied it that he cold not appear within the said period by reason of circumstances beyond his
control.
115[(13) xxxxxxxxxxxxxxxx]
(14) Subject to the other provisions of this Act, an 116[Anti-Terrorism Court] 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 Court of Sessions as far as may be in accordance with the procedure proscribed in the Code
for trial before a Court of Sessions.
11720. [xxxxxxxxxxxxxxx]
118[21. Protection of Judges, 119[xxxxxxxxx] Counsel Public Prosecutor, Witnesses and
Persons concerned with Court Proceedings.— (1) The Court may, subject to the availability of
resources, make such necessary orders or take such measures, as it deems fit, within available
resources, for the protection of a witness, judge, 120[xxx] public prosecutor, counsel and other
persons concerned in proceedings for an offence under this act, which may also include the
following measures:
108 Substituted by Ordinance NO. XIII of 1999 dated 27.08.1999, s.2.
109 Subs –section (10) substituted by Ord. XIII of 1999.
110 Subs by Ord. XIII of 1999 dated 27.08.1999, S.2.
111 Inserted by Ord. XIII of 1999 dated 27.08.1999.
112 Subs by Ord. XIII of 1999 dated 27.08.199, S.2.
113 Subs by Ord. XIII of 1999 dated 27.08.199, S.2.
114 Subs by Ord. XIII of 1999 dated 27.08.199, S.2.
115 Sub-section (13) omitted by Amendment Ord. XXXIX of 2001.
116 Subs by Ord. XIII of 1999 dated 27.08.1999, s.2.
117 Section 20 omitted by Ord. XXXIX of 2001 dated 15-08-2001.
118 Section 21 subs by Ordinance No. XXXIX of 2001 dated 15-08-2001.
119 Omitted by ordinance No. CXXXIV of 2002, dated 23.11.2002
120 Omitted by ordinance No. CXXXIV of 2002, dated 23.11.2002
(a) Proceedings may be held in camera, or under restricted entry of members of the
public, where necessary for the protection of the “judge”, 121[xxx] witnesses or a
victim’s family members or to prevent persons from crowding or storming the Court
to intimidate the judge 122[xxx] or to create a threatening atmosphere;
(b) The names of judges, 123[xxx], counsel, public prosecutor, witnesses and persons
concerned with Court proceedings shall not be published; and
(c) During any inquiry, investigation or Court proceedings, whenever 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 accused.
(2) For purposes of protection of the judges, 124[xxxxx], accused, witnesses, prosecutors
and defence counsel and anyone concerned with the Court proceedings, the Government may
adopt such other measures as may be appropriate or may be proscribed 125[ and the armed forces
shall also provide comprehensive protection and security to the judges, 126[ * * *] accused, witness,
prosecutors investigators, defence counsel and all those concerned in the court proceedings.]
(3) The Government shall extend protection to a judge, 127[xxx], a counsel, public
prosecutor and the witnesses during investigation of a offence and proceedings under this Act,
and thereafter, as may be considered necessary.]
128[21-A. 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 designated under this section.
(2) A designation may be made only by an officer not below the rank of a 129Deputy
Superintendent of Police 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 be extended in writing from tome 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---
121 Omitted by ordinance No. CXXXIV of 2002, dated 23.11.2002
122 Omitted by ordinance No. CXXXIV of 2002, dated 23.11.2002
123 Omitted by ordinance No. CXXXIV of 2002, dated 23.11.2002
124 Omitted by ordinance No. CXXXIV of 2002, dated 23.11.2002
125 Inserted by ordinance No. VI of 2002, dated 31.01.2002
126 Omitted by ordinance No. CXXXIV of 2002, dated 23.11.2002
127 Omitted by ordinance No. CXXXIV of 2002, dated 23.11.2002
128 Inserted by ordinance No. XXXIX of 2001, dated 15.08.2001.
129 Substituted for the word “DSP” by ordinance NO. VI of 2002
(a) a reference to conducting a terrorist investigation includes a reference to taking part
in the conduct of; or assisting, 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 these things.
21-B. 130Terrorist investigation.— (1) A policeman in uniform, 131[or a member of a Joint
Investigating Team] may----
(a) order a person 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 vehicle 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 ad search any premises in a cordoned area if he suspects anyone concerned
with terrorism is hiding there,
(h) search and arrest any person he reasonably 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
be used for the purposes of terrorism.
21. 132C-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 use of—
(a) fire-arms;
(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 and instruction or training to any child sub-section (1) and, on conviction,
shall be liable to a term of imprisonment of not less then 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) fire-arms;
(b) Explosive; or
(c) Chemical, biological, and other weapons.
(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 unauthorized instruction or
training in the making or use of—
(a) fire-arms;
(b) explosive; 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-section (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 to 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.
130 Inserted by Ord. XXXIX of 2001, dated 15.08.2001
131 Inserted by Ord. VI of 2002, dated 31.01.2002.
132 Inserted by Ord. XXXIX of 2001, dated 15.08.2001.
(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 one year and not
more than then 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 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.
21-D. 133Bail.— (1) Notwithstanding the provisions of sections 439,491,496,497,498,498-A and
561-A of the Code, no court, other than an Anti-Terrorism Court , a High Court, or the Supreme
Court of Pakistan, shall have the power o 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 134[* * * * *] not
exceeding three years shall be non-bailable:
Provided that if there appear reasonable gourds 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 sub-sectional grounds for believing that the person, if released on bail (whether subject
to conditions or not), would--
(a) fail to surrender to custody;
(b) Commits an offence while on bail;
(c) Interfere with a witness; otherwise obstruct or attempt to obstruct the course of
justice, weather in relation to himself another person; or
(d) fail to comply with the conditions 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 others 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-
(a) likely to result in the person’s appearance at the time and place required, or
(b) necessary in the interests of justice or for the prevention of crime.
(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 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
—
133 Inserted by Ord. XXXIX of 2001, dated 15.08.2001
134 The word “not’ omitted and shall be deemed be deemed always to have been so omitted by ordinance No. VI of 2002 dated 31.01.2002.
(a) to prevent his escape; or
(b) to ensure his safety or the safety of others.
21 135E. 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, 136[or custody of any other investigating Agency joined in the
investigation] for which the maximum period allowed may be fifteen days:
Provided that, where an accused cannot within twenty-four hours be produced before the
Court, a temporary order for police custody, 137[or custody of any other investigating Agency joined
in the investigation] not exceeding twenty-four hours may be obtained from the nearest Magistrate
for the purpose of producing the accused before the Court within that period.
(2) No extension of the time of the remand of the accused in police custody, 138[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 thirty days.
(3) The Court shall be deemed to be a Magistrate for purposes of sub-section (1).
21-F. 139Remissions.— 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 person, other than a child,
who is convicted and sentenced for any offence under this Act, unless granted by the
Government.
21-G. 140Trial of offences.— All offences under this Act shall be tried 141[exclusively] by the Anti-
Terrorism Court established under this Act.
21-H. 142Conditional admissibility of Confession.— Notwithstanding anything contained in the
Qanoon-e-Shahdat, 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 office not below the rank of a
Superintendent of Police, may be admissible in evidence against him, if the Court so deems fit:
Provided that the 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 it he does so
it may be used as evidence against him and that no Superintendent of Police has recorded such
confession unless, upon questioning the person making it, the 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 recorded 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 I believe that
this confession was voluntarily made. It was taken in my 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.
21-I. 143Aid and 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.
21-J. 144Harbouring.— (1) A person commits an offence if he harbours any person who has
committed an offence under this Act.
135 Inserted by Ord. XXXIX of 2001, dated 15.08.2001
136 Inserted by Ord. VI of 2002, dated 31.01.2002.
137 Inserted by Ord. VI of 2002, dated 31.01.2002.
138 Inserted by Ord. VI of 2002, dated 31.01.2002.
139 Inserted by Ord. XXXIX of 2001, dated 15.08.2001.
140 Inserted by Ord. XXXIX of 2001, dated 15.08.2001.
141 Inserted by Act II of 2005, dated 11.01.2005
142 Inserted by ordinance No. XXXIX of 2001 dated 15.08.2001.
143 Inserted by Ord. XXXIX of 2001, dated 15.08.2001.
144 Inserted by Ord. XXXIX of 2001, dated 15.08.2001
(2) A person guilty of an offence under sub-section (1) shall be liable on conviction to
punishment as provided in sections 216 and 216-A of the Pakistan Penal Code (Act XLV of 1860).
21-K. 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.
21-L 145Punishment 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 obstructs the course of justice, shall be liable to
imprisonment for a term not less than 146[five years] and not more than 147[ten years] or with fine or
with both.
21-M. 148Joint Trial.— (1) While trying any offence under this Act, a Court may also try and other
offence which an accused may, under the Code of Criminal Procedure, 1898, be charged, at the
same trial if the offence is connected with such other offence.
(2) If, 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 fore,
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 thereof.]
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 as is likely to have.
23. Power to transfer cases to regular Courts.— Where after taking cognizance of an
offence, an 149[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. 150[xxxxxxxxxxxxxxx].
25. Appeal.— (1) an appeal against the final judgment of an 151[Anti Terrorism Court] shall lie
to 152[a High Court].
(2) Copies of the Judgment of 153[Anti Terrorism Court] shall be supplied to the accused
and the public prosecutor free of cost on the day the judgment is pronounced and the record of
the trial shall be transmitted to the 154“High Court” within three days of the decision.
(3) An appeal under sub-section (1) may be preferred by a person sentenced by an
155[Anti Terrorism Court] to 156[a High Court] within seven days of the passing of the sentence.
(4) The Attorney General 157[Deputy Attorney General, Standing Counsel or an
Advocate General] 158[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 159[an Anti-Terrorism Court within fifteen days of such order.
160[(4-A) Any person who is a victim or legal heir of a victim and is aggrieved by the
order of acquittal passed by an Anti Terrorism Court, may, within thirty days, file an appeal in High
Court against such order.
145 Inserted by Ord. XXXIX of 2001, dated 15.08.2001
146 Subs. for the words “six months” by Act II of 2005 dated 11.01.2005.
147 Subs. for the words “five years” by Act II of 2005 dated 11.01.2005.
148 Inserted by Ordinance No. XXXIX of 2001 dated 15.08.2001.
149 For the word “Special Court” , “a special Court” or the special Court” wherever occurring the word “Anti Terrorism Court”, “an anti terrorism Court”
or “the Anti Terrorism Court: substituted by Ordinance NO. XIII of 1999 dated 27.08.1999,S.2.
150 Section 24 Omitted by Ord. XIII of 1999 and w.e.f. 27.08.1999.
151 Substituted by Ordinance No. XIII of 1999, s,2.
152 Substituted by Ordinance No. XIII of 1999, s,2.
153 Substituted by Ordinance No. XIII of 1999, s,2.
154 Substituted by Ordinance No. XIII of 1999, s,2.
155 Substituted by Ordinance No. XIII of 1999, s,2.
156 Substituted by Ordinance No. XIII of 1999, s,2.
157 Inserted and shall be deemed to have been so inserted for the date of commencement of the said Act by Ordinance No. XIX of 2000.
158 Inserted and shall be deemed to have been so inserted for the date of commencement of the said Act by Ordinance No. XIX of 2000.
159 Substituted by Ordinance No. XIII of 1999, s,2.
160 Sub-sections (4a) added and (4b) inserted by Act of 2004, dated 30-11-2004.
(4-B) If an order of 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 be heard and decided by 161a High Court
Appellate Tribunal within seven working days.
6) 162[xxxxxxxxxx].
(7) 163[xxxxxxxxxx].
(8) Pending the appeal in 164the High Court] shall not release the accused on bail.
[(9) 165For the purposes of hearing appeals under this section each High Court shall
establish a Special bench or Benches consisting of not less than two judges.
(10) While hearing an appeal, the Bench shall not grant more than two consecutive
adjournments].
26. 166[xxxxxxxxxx] .
27. Punishment for defective investigation.— if an 167[Anti-Terrorism Court] or 168[a High
Court] comes to the conclusion during the course of or at the conclusion of the trial that the
investigation officer, or other concerned officers have failed to carry out of 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, 169[a 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.
28. Transfer of cases.— (1) Notwithstanding anything in this Act 170[the Chief Justice of High
Court concerned 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 171Anti-Terrorism Court to another 172Anti-Terrorism Court within or outside the area.
(2) An 173[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 174[
Provided that nothing herein contained shall affect the powers of the presiding officer of the
Special Court to call any witness as is available under the law.]
175[28-A. Impounding of passport of person charge-sheeted under the Act. Notwithstanding
anything contained in any oilier law for the time being in force, the passport of a person, who is
accused of an offence under this Act, shall be denied to have been impounded for such period as
the Court may deem fit].
29. Trial before 176[Anti-Terrorism Court] to have precedence.— A trial under this Act of an
offence by 177[Anti-Terrorism Court], and the appearance of an accused before it, shall have
precedence over the trail of any other case 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
161Subs by Ordinance No. XIII of 1999, s.2.
162 Omitted by Ordinance No. XIII of 1999 dated 27.08.1999.
163 Omitted by Ordinance No. XIII of 1999 dated 27.08.1999.
164 Substituted by Ordinance No. XIII of 1999, s,2.
165 Subs by Ordinance No. XIII of 1999, s.2.
166 Section 26 omitted by Ordinance XIII of 1999 dated 27.08.1999.
167 For the word “Special Court”, “a Special Court” or “the Special Court” wherever occurring the word “Anti Terrorism Court”, “an Anti Terrorism Court”
or “the Anti Terrorism Court” substituted by Ordinance No. XIII of 1999 dated 27-08-1999, s.2
168 Subs by Ord. XII of 1999, S.2.
169 Subs by Ord. XII of 1999, S.2.
170 Subs for the “a High Court may, if it” by Amendment Ord. VI of 2002, dated 31-01-2002.
171 Subs by Ord. XIII of 1999, dated 27.08.1999, S.2.
172 Subs by Ord. XIII of 1999, dated 27.08.1999, S.2.
173 Subs by Ord. XIII of 1999, dated 27.08.1999, S.2.
174 In section 28, in sub-section (2) the full stop at the end replaced by a colon and thereafter the proviso added by Ordinance NO. XIII of 1999 dated
27.08.1999.
175 Inserted by Act II of 2005 dated 11.01.2005.
176 Subs by Ord. XIII of 1999, dated 27.08.199. S.2.
177 Subs by Ord. XIII of 1999, dated 27.08.199. S.2.
cognizable offence within the meaning of clause (f) of section 4 of the Code and the words
“cognizable case” as defined in that 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 an 178[Anti-Terrorism Court]
and 179[a High Court].
180[(3)]
181[(4) xxxxxxxxxxxxxxxxxx]
31. Finality of judgment.— A judgment or order passed, or sentence awarded, by an 182[Anti-
Terrorism Court], subject to the result of and 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, insofar as they are not inconsistent with the provisions of this Act,
apply to the proceedings before an 183[Anti-terrorism Court] and for the purpose of the said
provisions of the Code, an 184[Anti-Terrorism Court] shall be deemed to be Court of Sessions.
(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 an 185[Anti-Terrorism Court], and for this purpose and reference in those
provisions to a Magistrate shall be construed as a reference certificate to an 186[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
187[First, Second and Third Schedule] so as to add any entry there to or modify or omit any entry
therein.
35. 188Power to make rules .— A High Court may, with approval of the Chief Justice of
Pakistan, by notification in the official Gazette make rules for carrying out the purposes of this Act.
36. Savings .— (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 the removal of any doubt, it is herby declared that, for the purposes of any such
law as is referred to in sub-section (1), 189[Anti-Terrorism Court] shall be deemed to be a Court of
ordinary criminal jurisdiction.
190[37. Contempt of Court.— (a) 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-
(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; or
(d) does anything which, by any other law, constitutes contempt of Court.
Explanation. In this section, “Court” means [Anti-Terrorism Court].
178 Subs by Ord. XIII of 1999, dated 27.08.199. S.2.
179 For the words “appellate Tribunal”, “an Appellate Tribunal” or “the Appellate Tribunal” wherever occurring the words “High Court,” “a High Court” or
the High Court” substituted by Ordinance No. XIII of 1999, S.2.
180 Omitted by Ord. XXXIX of 2001, dated 15.08.2001.
181 Omitted by Ord. XXXIX of 2001, dated 15.08.2001
182 Subs for “a Special Court” by ordinance No. XIII of 1999 dated 27.08.1999.
183 Subs by Ord. XIII of 1999, dated 27.08.1999, S.2 dated 27.08.1999. S.2
184 Subs by Ord. XIII of 1999, dated 27.08.1999, S.2 dated 27.08.1999. S.2
185 Subs by Ord. XIII of 1999, dated 27.08.1999, S.2 dated 27.08.1999. S.2
186 Subs by Ord. XIII of 1999, dated 27.08.1999, S.2 dated 27.08.1999. S.2
187 Subs by Ord. XXXIX of 2001 dated 15-08-2001.
188 Subs by Ord. XXIX of 2000, dated 24-07-2000.
189 Subs by Ord. XIII of 1999, dated 27.08.199. S.2.
190 Subs by Ord. XIII of 1999, dated 27.08.199. S.2.
38. Punishment for terrorist act committed before this 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 thereunder 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.
191[39-A. 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.
192[39-B. Repeal and savings.— (1) The Suppression of Terrorist Activities (Special Courts) Act,
1975 (XV of 1975) is hereby repealed.
(2) Notwithstanding the repeal of the Suppression of Terrorist Activities (Special Courts)
Act, 1975 (XV of 1975) and the amendment of the Anti-Terrorism Act, 1997 (XXVII of 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 of the law or anything duly done or suffered or
punishment incurred thereunder;
(b) Ever case, appeal and legal proceedings whatsoever, filed or pending before any
Court under the Suppression of Terrorist Actives (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 Antiterrorism
(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 or 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 (Act V of 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(XIV of 1908), the following amendments shall be made, namely-
(i) In section 15 clause (2) in sub-clause (a) for the words “violence or intimidation” the
words “terrorist, 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
191 Sections 39A inserted by Amendment Ord. XXXIX of 2001, dated 14-08-2001.
192 Sections 39B inserted by Amendment Ord. XXXIX of 2001 dated 14-08-2001.
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 been a Judge of the 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.
(iii) n sections 17A, 17D and 17E, for the words “Provincial Government”
wherever occurring the words ”Federal Government or the Provincial
Government” shall be substituted.
193[THE FIRST SCHEDULE]
(List of Prescribed Organizations)
[See Section 11-B]
--------------------------------------------------
THE SECOND SCHEDULE
(List of Organization under Observation)
[See Section 11-D (1) and (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.]
194[(4) Without prejudice to the generality of the above paragraph, 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 explosives by any device, including bomb blast in the Court
premises.]
-------------------------------------
195THE FOURTH SCHEDULE
[See Section 1 1-EE].
193 In the Act for the “Schedule” by first, Second and third schedule substituted by Ord. No. XXXIX of 2001 dated 18-08-2001.
194 Added by Act II of 2005 dated 11.01.2005.
195 The Fourth Schedule added by Ord. No. CXXV of 2002 dated 15-11-2002.
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