Anti-Terrorism (Third Amendment) Ordinance 1999

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ANTI-TERRORISM (THIRD AMENDMENT) ORDINANCE, 1999

ORDINANCE XX OF 1999

An Ordinance to amend the Anti-Terrorism Act, 1999

[Gazette of Pakistan, Extraordinary, Part I, 2nd December, 1999]

No.F.2(I)/99-Pub., dated 2-12-1999.---The following Ordinance made by the President is hereby published for general information:--

Whereas it is expedient to amend the Anti-Terrorism Act, 1997 (XXVII of 1997), for the purposes hereinafter appearing;

And whereas the National Assembly and the Senate stand suspended in pursuance of the Proclamation of the Fourteenth day of October, 1999, and the Provisional Constitution Order No. 1, as amended;

And whereas the President is satisfied that circumstances exist which renders it necessary to take immediate action;

Now, therefore, in pursuance of Proclamation of the fourteenth day of October, 1999, and Provisional Constitutional Order as well as Order No.9 of 1999, and in exercise of all powers enabling him in that behalf, the President of the Islamic Republic of Pakistan is pleased to make and promulgate the following Ordinance:--

1. Short title and commencement.--This Ordinance may be called the Anti-Terrorism (Third Amendment) Ordinance, 1999.

(2) It shall come into force at once

2. Amendment of section 13, Act XXVII of 1997.--In the Anti- Terrorism Act, 1997 (XXVII of 1997), hereinafter referred to as the said Act, in section 13, after subsection (3) the following new subsection shall be added, namely:--

"(4) Notwithstanding anything contained in subsection (2) and subsection (3), the Federal Government or if so directed by the Government, the Provincial Government shall in addition to the existing Special Courts or such other Special Courts as may be established in the area, establish one such additional Special Court under this Act at the principal seat of the Lahore High Court and the High Court of Sindh and appoint a Judge of such High Court as a Judge of Special Court in consultation with the Chief Justice of the High Court concerned, and where a Judge of a 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 may, 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 subsection (1) of section 28, transfer, withdraw or recall any case pending before any other Special Court in that area and may either try the case himself or make it over for trial to any other Special Court in that area.

(5) The Special Court .to which a case is transferred or recalled for trial under subsection (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."

3. Amendment of section 14, Act XXVII of 1997.- -In the said Act in section 14, in subsection (1), in clause (i), for the word "is" the words and comma "is a Judge of a High Court, or is" shall be substituted.

4. Overriding effect.--The provisions of this Ordinance shall have effect notwithstanding any other provision contained in any other law for the time being in force.

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