Anti-Terrorism (Amendment) Ordinance 2001

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ORDINANCE XXXIX OF 2001

ANTI‑TERRORISM (AMENDMENT) ORDINANCE, 2001

An Ordinance further to amend the Anti‑Terrorism Act, 1997

[Gazette of Pakistan, Extraordinary, Part I, 14th August, 2001]

F.No.2(1)/2001‑Pub., dated 14‑8‑2001.‑‑‑The following Ordinance promulgated by the President is hereby published for general information:‑‑

"THE FIRST SCHEDULE"

(List of Prescribed Organisations)

[(See section 11 B)]

"THE SECOND SCHEDULE"

(List of Organisations under Observation)

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

"THE THIRD SCHEDULE"

(Scheduled Offences)

[See section 2(t)]

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

2. Any other offence punishable under this Act.

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

1. Short title and commencement.‑‑(1) This Ordinance may be called the Anti‑Terrorism (Amendment) Ordinance, 2001.

(2) It shall come into force at once.

2. Amendment of section 2, Act XXVII of 1997.‑‑In the Anti terrorism Act, 1997 (XXVII of 1997), hereinafter referred to as the said Act, in section 2, for clauses (d) to (h) the following shall be substituted, namely:‑‑

(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 an injury to any person or damage to any property and includes any explosive substance as defined in the Explosive 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 fire‑arms 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 case;

(i) "Government" means the Federal Government or, as the case may be, the Provincial Government;

(j) "grievous", in relation to bodily injury, means any emasculation, mutilation, incapacitation, disfigurement or severe harm or hurt; and in relation to property, means 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' means 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 and demanding or attempting to 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 11 B;

(r) "public servant" shall have the same meaning as in section 21 of the Pakistan Penal Code, 1860, or in any other 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" 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:

(a) the commission, preparation or instigation of acts of terrorism under this Act;

(b) an act which appears to have been done for the purposes of terrorism;

(c) the resources of a proscribed organization;

(d) the commission, preparation or instigation of an offence under this Act; or

(e) any other act for which investigation may be necessary for the purposes of this Act;

(aa) "terrorist property" means:

(i) (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 of the commission of acts of terrorism;

(c) proceeds of acts carried out for the purposes of terrorism; and

(ii) In subsection (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, travellers' cheques, bank cheques, bankers' drafts, 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 weapon or any other 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 of Illicit Arms Act, 1991 (XXI of 1991); and

(cc) all other terms and expressions used but 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.

**3. Omission of section 3, Act XXVII of 1997.‑‑**In the said Act, section 3 shall be omitted.

**4. Amendment of section 5, Act XXVII of 1997.‑‑**In the said Act, in section 5, in subsection (2) in clause (i), for the words and commas "and, in the event of being fired upon, it shall be lawful for any such officer, or any superior officer" the words an commas "it shall be lawful for any such officer, or any senior officer, when fired upon," shall be substituted;

5. Substitution of section 6, Act XXVII of 1997.‑‑In the said Act, for section 6 the following shall be substituted, namely:‑‑

"6. Terrorism.‑‑(1) In this Act, "terrorism" means the use or threat of action where:

(a) the action falls within the meaning of subsection (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

(c) the use of threat is made for the purpose of advancing a religious, sectarian or ethnic cause.

(2) An "action" shall fall within the meaning of subsection (1), if it:

(a) involves the doing of 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;

(f) incites hatred and contempt on religious, sectarian or ethnic basis to stir up violence or cause internal disturbance;

(g) involves 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 of mosques or other places of worship;

(i) creates a serious risk to safety of the 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 civic life;

(j) involves the burning of vehicles or any 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 of 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 an act or a series of acts.

(5) In this Act, terrorism includes any act done for the benefit of a proscribed organisation.

(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 of 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."

6. Substitution of section 7, Act XXVII of 1997.‑In the said Act, for section 7 the following shall be substituted, namely:‑‑

++"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 likely to cause death or endangers life, but death or hurt is not caused, shall be punishable, on conviction, with imprisonment of either description for a term which shall be not less than five years but may extend to fourteen years 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 seven 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 and not exceeding fourteen years, 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 also 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;

(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 six months and not more than three years and with fine; or

(h) the act of terrorism committed falls under clauses (h) to (n) of subsection (2) of section 6, shall be punishable, on conviction, to imprisonment of not less than one year and not more than ten years 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 six months and not more than five years or with fine or with both.

7. Amendment of section 9, Act XXVII of 1997.‑‑In the said Act, in section 9, for the word "seven" the word "five" shall be substituted.

8. Insertion of new sections, Act XXVII of 1997.‑In the said Act, after section 11, the following new sections shall be inserted, namely:‑‑

"11A. ++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 or encourages terrorism;

(d) supports and assists any organization concerned with terrorism;

(e) patronizes 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 presents them as heroic persons; or

(g) is otherwise concerned in terrorism.

11 B.++Proscription.++‑‑(1) For the purposes of this Act, an organization is proscribed if‑‑

(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.

11C. ++Right of review.‑++‑(1) Where any proscribed organization is aggrieved by the order of the Federal Government made under section 11B, it nay, within thirty days of such order, file a review application, 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 subsection (1) may file an appeal to 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 subsection (1).

11D. ++Observation 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 filed 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 organisation an opportunity of 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.

11E. ++Measures 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) its 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.

11 F. ++Membership support and meetings relating to a Proscribed Organization.++‑‑(I) A person is guilty of an offence if he belongs or professes to belong to a proscribed organization.

(2) A person guilty of an offence under subsection (1) shall be liable on 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 or 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 activities.

(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 subsections (3), (4) and (5) shall be liable on conviction to a term of imprisonment not less than one year and not more than five years and a fine.

11 G. ++Uniform.++‑‑(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 way or in such circumstances as to arouse reasonable suspicion that he is a member or supporter of a proscribed organization.

(2) A person who commits an offence under subsection (1) shall be liable by way of summary procedure to simple imprisonment for a term not exceeding three months or to a fine or to both.

11H. ++Fund 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 receives 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.

(a) provides money or other 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. ++Use and possession.++‑‑A person commits an offence if‑‑

(1) he uses money or other property for the purposes of terrorism; or

(2) he‑‑

(a) possesses money or other property; and

11J.++Funding 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.

11K. ++Money‑laundering:++‑‑(1) A 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 to nominees, or

(d) in any other way.

(2) It is a defence for a person charged with an offence under subsection (1) to prove that he did not know and had no reasonable cause to suspect that the arrangement related to terrorist property.

11 L. ++Disclosure 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.

(3) it is a defence for a person charged with an offence under subsection (1) of this‑section to prove that he had a reasonable excuse for not making the disclosure:

Provided that this subsection 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) Subsection (3) shall have effect notwithstanding any restriction on the disclosure of information imposed by any law for the time being in force.

11M. ++Cooperation with the police.++‑‑(1) A person does not commit an offence under sections 11H to 11K, if he is acting with the express consent of a police officer not below the rank of a Deputy Superintendent; and

(2) Subject to subsections (3) and (4) under this section, a person does not commit an offence under sections 11H to 11K by involvement in a transaction or arrangement relating to money or other 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) Subsection (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.

(4) Subsection (2) under this section does not apply to a person if‑‑

(a) a police officer forbids him 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 sections 11H to 11J to prove that‑‑

(a) he intended to make a disclosure, and

(b) there is reasonable excuse for his failure to do so.

11N. ++Punishment under sections 11H to 11K.++‑‑Any person who commits an offence under sections 11H to 11K, shall be punishable on conviction with imprisonment for a term not less than six months and not exceeding five years and with fine.

11‑O. ++Seizure and detention++.‑‑An officer authorised 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 cash seized 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 11P and an order has been obtained for its detention for a further specified period.

11 P. ++Application by authorised officer to a Court++.‑‑(1) An authorised 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 cash 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) shall 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 a profit and loss account and the profit and loss so earned shall be added to it on its release or forfeiture.

11‑Q. ++Forfeiture.++‑‑(1) The Court by or before which a person is convicted of an offence under any of the sections 11H to 11M may make a forfeiture order in accordance with the provisions of this section.

(2) Where a person is convicted of an offence under section 11H(1) or (2) or section' 11‑I, 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 11H(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

(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 11J, the Court may order the forfeiture of the money or 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 11K, the Court may order the forfeiture of the money by other property to which the arrangement in question related.

(6) Where a person is convicted of an offence under any of the sections 11H 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. ++Authorized 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 11P and 11Q.

(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 11Q, and before so doing must give 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.

11S. ++Appeal 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 date on which the forfeiture order was made.

11T. ++Deposit of Cash in a fund.++‑‑(1) Any cash to which a forfeiture order under sections 11R and 11S applies, alongwith the profit and loss accrued, shall be deposited into a special fund to be notified by the Feder4l Government‑‑

(a) after the expiry of the limitation period within which an appeal against the forfeiture order may be brought under section 11S(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 subsection (1) may also be used to compensate victims of acts of terrorism or in the case of deceased victims, their dependants.

11U. ++Deproscription.++‑‑(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 date of any refusal of an application of deproscription, the proscribed organization may apply in writing to the Federal Government for the exercise of its power under section 11B (d) to remove the organization from th6 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.

11V. ++Directing 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

(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 subsection (1) shall be liable on conviction to imprisonment for a maximum term of seven years and to forfeiture or confiscation of his assets within or outside Pakistan.

11W. (1) ++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.++‑‑(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 other 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 proscribed organization or an organization placed under observation:

Provided that a factual news report, made in good faith, shall not be construed to mean "projection" for the purposes of this section.

(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 months' imprisonment and a fine.

11X. ++Responsibility 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 subsection (1) shall on conviction be punishable with imprisonment for a term not less than six months and not more than five 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 a 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 six months and not more than three years or fine or with both.

9. Amendment of section 19, Act XXVII of 1997.‑‑In the said Act, in section 19.‑‑

(a) subsection (4) shall be omitted.

(b) In subsection (6) for the words brackets and figure "subsection (4) and" the word "subsection" shall be substituted;

(c) for the subsection (7) the following shall be substituted, namely:‑‑

"(7) The Court shall, on taking cognizance of a case, prod with the trial from day to day 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 ends of justice."

(d) subsection (13) shall be omitted.

10. Omission of section 20, Act XXVII of 1997.-In the said Act, section 20 shall be omitted.

11. Substitution of section 21, Act XXVII of 1997.--In the said Act, for section 21, the following shall be substituted, namely:--

"21. ++Protection to Judges, 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, public prosecutor, counsel and other persons concerned in proceedings for an offence under this Act, which may also include the following measures--

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

(b) the names of judges, 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, 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 prescribed.,

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

12. Insertion of new sections, Act XXVII of 1997.--In the said Act, after section 21, substituted as aforesaid, the following new sections shall be inserted, namely:--

"21A. ++Cordons for Terrorist Investigation.-++-(1) An area is a cordoned area for the purposes of a terrorist investigation under this Act, if it is so designated under this section.

(2) A designation may be made only by an officer not below the rank of a Deputy 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 time to time, with each extension specifying the additional period:

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

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

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

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

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

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

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

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

(9) For the purposes of this section--

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

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

21B. T++errorist investigation.++--(I) A policeman in uniform 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 and search any premises in a cordoned area if he suspects anyone concerned with terrorism is hiding there,

(h) search and arrest any person he 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.

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

(a) fir-earns;

(b) explosives; or

(c) chemical, biological, and other weapons.

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

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

(a) fire-arms;

(c) chemical, biological and other weapons.

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

(5) A child guilty of an offence under subsection (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 subsections (1) and (3) shall be liable on conviction to imprisonment for a term not exceeding ten years, or fine or with both.

(7) ++Training in Terrorism:++

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

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

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

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

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

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

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

21D.++Bail++.--(1) Notwithstanding the provisions of sections 439, 491, 496, -497, 498, 498A and 561-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 or jurisdiction to grant bail to or otherwise release an accused person in a case triable by Anti-terrorism Court.

(2) All offences under this Act punishable with death or imprisonment not exceeding three years shall be non-bailable:

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

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

(a) fail to surrender to custody;

(b) commit an offence while on bail,

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

(d) fail to comply with the conditions of release (if any).

(4) In exercising is 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 it necessary, by special or general order, direct special arrangements to be made as to the place at which the person is to be held in order--

(a) to prevent his escape; or

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

21E. ++Remand.++--(1) Where a person is detained for investigation, the Investigating Officer, within twenty-four hours of the arrest, excluding the time necessary for the journey from the place of arrest to the Court, shall produce the accused before the Court, and may apply for remand of the accused to police custody, 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 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.

(3) No extension of the time of the remand of the accused in police custody 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 subsection (1).

21F. ++Remissions.++--Notwithstanding anything contained in any law or prison rules for the time being in force, no remission in any sentence shall be allowed to a person, other than a child, who is convicted and sentenced for any offence under this Act, unless granted by the Government.

21G. ++Trial of offences.++--All offences under this Act shall be tried by the Anti-Terrorism Court established under this Act.

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

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

"I have explained to (.......name......), that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and 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."

(Signed)

Superintendent of Police."

21-I. ++Aid 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. ++Harbouring++--(1) A person commits an offence if he harbours any person who has committed an offence under this Act.

(2) A person guilty of an off6nce under subsection (I) shall be liable on conviction to punishment as provided in sections 216 and 216A of the Pakistan Penal Code (Act XLV of 1860).

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

21L. ++Punishment for an Absconder++ .--Whoever being accused of an offence under this Act, absconds and avoids arrest or evades appearance before any inquiry, investigation or Court proceedings or conceals himself, and obstructs the course of justice, shall be liable to imprisonment for a term not less than six months and not more than five years or with fine or with both.

21M. ++Joint Trial++.--(1) While trying any offence under this Act, a Court may also try any other offence with which an accused may, under the Code of Criminal Procedure, 1898, be charged, at the same trial if the 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 force, the Court may convict a accused far such other offence and pass any sentence authorised by this Act or, as the case may be, such other law, for the punishment thereof."

13. Amendment of section 30, Act XXVII of 1997.--In the said Act, in section 30, subsections (3) and (4) shall be omitted.

14. Amendment of section 34, Act XXVII of 1997.--In the said Act, in section 34, for the word "Schedule" the words, "First, Second and Third Schedules", shall be substituted.

15. Insertion of new section, Act XXVII of 1997.--In the said Act, after section 39A. the following new section shall be inserted namely:--

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

16. Insertion of new section Act XXVII of 1997.--In the said Act, after section'39B, the following new section shall be inserted, namely:--

"39C. ++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 any thing duly done or suffered or punishment incurred thereunder;

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

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

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

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

(f) the Court of Sessions or, as the case mo y 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.

wing Ordinance:--

17. Substitution of Schedule.--In the said Act, for the Schedule, the following shall be substituted, namely:--

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