Base de Datos de Legislación

12. Jurisdiction of Anti-Terrorism Court-
1) Not with standing 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 Special 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, it satisfied that in order to ensure a fair trial, or for the protection and safety of witnesses, that such offence should be tried by Anti-Terrorism Court established in the relation to any other area, the Government may make a declaration to that effect.

Explanation. Where a Special Court is established in relation to two or more areas, such Special Court shall be deemed, for the purpose of this sub-section, to have d been established in relation to each of such areas.

3) Where a declaration is made in respect of an offence committed in an area in a Province, any prosecution in respect of such offence shall be instituted only in the Special 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 to such Special Court and such Anti-Terrorism Court shall proceed with such case from the stage at which it was pending at that time without the necessity of recalling any witnesses.

13. Establishment of Anti-Terrorism Court-
1) For the purpose of providing for the speedy trial of the cases referred to in subsection (2) and subsection (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 each territorial area as specified by the High Court

2) Where more Anti-Terrorism Courts than one have been established in any area, the Government in consultation with the Chief Justice of the High Court shall keeping in view the seniority and status of the member of various Court in that area, designated a member of any such Court to be an administrative member and all cases of friable under this Act. Pertaining to the said area shall be filed before the administrative Member ad such Administrative member may either assign the case for trial to the Court of which he is a Member 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 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 a Court under subsection (2), all orders made or proceeding taken before the assignment shall be deemed to have been made or taken by the Court to which the case has been assigned

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 Anti-Terrorism Court or such other Anti-Terrorism Courts as may be established in area, establish one such additional Anti-Terrorism Court under this Act at the Principal seat of the each High Court and appoint a Judge of such High Court as a Judge of 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 o charge for sufficient cause including as mentioned in sub-s. (1) of S. 28, transfer, withdraw or recall any case pending before any other Anti-Terrorism Court in that area and may either try the case himself or make it over for trial in any other Anti-Terrorism Court in that area.

5) The Anti-Terrorism Court to which a case is transferred or recalled for trial under subs-s. (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 

Composition and appointment of presiding officers of Anti- Terrorism Court-

1) (1) (Anti-Terrorism Court) shall consist of a Judge, being a person who:-

i) is a Judge of High Court or is is or has been Sessions Judge or an additional Sessions Judge; or

ii) has exercised the power of a District Magistrate or an Additional District Magistrate or and has successfully completed an advance course in Shariah, (Islamic Law )conducted by the International Islamic University Islamabad; or

iii) Has for a period of not less than ten years been an advocate of High Court

2) Subject to the provisions of subs. (4) 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 or part of tem as the Government appointing the Judge may determine

4) Judge may be removed from his officer prior to the completion of the period for which h he has been appointed after consultation with the Chief Justice of High Court.

Explanation. The qualification of being an advocate for a period of not less than ten years may be relaxed in the case of a suitable person who is a graduate from a Islamic University and has studied Islamic Shariah and Fiqah as a major subject.

5) In a case a judge is on leave or for any other temporarily unable to perform his duties the Government making appointment of such judge may , after consultation with the Chief justice 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

15. Place of sitting.

1) Subject to Sub-sections (2) and (3) a Special Court shall ordinarily sit at such place or places as the Government may , by order specify in the at behalf.

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

3) Except in a case where a place of sitting has been specified under sub- section (2) a Special Court 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 Anti-Terrorism Court

A Member of (Anti-Terrorism Court) shall at the commencement of a proceeding under this Act, make oath ,, in the case of a Muslim, on the Holy Quran, to

the effect that he shall decide the case honestly, faithfully and considering himself accountable to Almighty Allah, and in case of as non-Muslim in accordance with  “the constitution, law and his conscience”.

17. Power of Anti-Terrorism Courts with respect to other offences.

When trying any scheduled offence, a Anti-Terrorism Court may also try any offence other than the scheduled offence with which the accused may, under the Code, be charge at the same trial.

18. Public Prosecutors.

1) The Provincial Government shall appoint in relation to each Anti- Terrorism 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, to any case or class of cases, a Special Public Prosecutor.

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

19. Procedure and powers of Anti-Terrorism Court.
1) (1) All offences under this Ordinance, except the offences in respect of which the investigation has already been completed and final report under Section 173of 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 Investigating 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 Section173 of the Code. (1A) The Joint Investigating Team referred to in sub-section (1) shall have and exercise same powers as are vested in an officer In charge 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 result 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 order of the Special Court and the person committing the default shall be liable to be punished for contempt of Court.

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

4)  ********

5)  Where, in a case triable by a Anti-Terrorism Court, an accused has been released from police custody under section 169 of the Code, or has been remanded to judicial custody, the Special 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 for the purpose of further investigation in the case.

6) Anti-Terrorism Court shall be deemed to be a Magistrate for purpose of sub-section and (5)

7) The Court shall on taking cognizance of a case, proceed with the trial from day to day and shall decide the case within seven working 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.

8) 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.

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

10) Any accused person may be tried in his absence if the Anti-Terrorism Court, after such inquiry as in deems fit, is satisfied that such absence is deliberate and brought about with a view to impeding the course of justice:

Provided that, 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 sub-section shall be deemed not to have admitted the commission of any offence for which he has been charged.

Sub-section (10) as substituted

11) The advocate appointed under the second proviso to sub-section (10) shall be a person selected by 42( Anti-Terrorism Court) for the purpose and he shall be engaged at the expense of the Government.

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

12) If, within sixty days fro the date of his conviction, any person tried under sub- section (10) appears voluntarily, or is apprehended and brought before the Special Court, and proves to its satisfaction that he did not abscond or conceal himself for the purpose of avoiding the proceeding against him, the Special 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 Anti-Terrorism Court may exercise it powers under this sub-section in a case in which a person as aforesaid appears before it after the expiration of the said period and satisfies it that he could not appear within the said period and satisfies it that he could not appear within the said period by reason of circumstances beyond his control.

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