Anti-Terrorism Act, 1997 — Section 11E: Measure to be taken against a proscribed organization

11E. Measure to be taken against a proscribed organization.– (1) 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; 1

(b)[* * * * * * *];

(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.

(c)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 or acting on behalf of, or at the direction of, any person or organization proscribed under this Act: Explanation.__ The opinion concerning reasonable grounds to believe may be formed on the basis of information received from any credible source, whether domestic or foreign including governmental and regulatory authorities, law enforcement agencies, financial intelligence units, banks and non-banking companies, and international institutions.] 1 [(1A) The grounds shall be communicated to the proscribed person within three days of the passing of the order of proscription.]

(2)Where a person’s name is listed in the Fourth Schedule, the Federal Government 1[***], 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 behaviour and not involve in any act of terrorism or in any manner advance the objectives of the organization referred to 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 twenty-four 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,

(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, 1Ins. and omitted by Act No. VII of 2014, s. 8.

(ii)him to report himself at such times and places and in such mode as may bespecified in the order;

(iii)him to comply with both the direction, 1[*]

(iv)that he shall not reside within areas specified in the order, 1 [v. no bank or financial institution or any other entity providing financial support shall provide any loan facility or financial support to proscribed person or issue credit cards to proscribed persons; and vi. the arms licenses, if already issued, shall be deemed to have been cancelled and the arms shall be deposited forthwith in the nearest Police Station, failing which such arms shall be confiscated and the holders of such arms shall be liable for the punishment provided under the Pakistan Arms Ordinance, 1965 (W.P. Ord. XX of 1965). No fresh license shall be issued to such person for any kind of weapons;]

(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 twenty-one years of age or women are given education or other training or are housed permanently or temporarily;

(ii)theatres, cinemas, fairs, amusement parks, hotels, clubs, restaurants, tea shops and other place of public entertainment or resort;

(iii)airports, railway stations, bus stands, telephone exchanges, television stations, radio stations and other such places;

(iv)public or private parks and gardens and public or private playing fields; and

(v)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 event, 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: 1Omitted and added by Act No. XXIII of 2020, s. 3. Provided that no order under clause (d) or (e) above shall be made operative for aperiod 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. 1 [(3) Where any person is aggrieved by the order of the Federal Government made under sub section (1), he may, 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 Government shall, after hearing the applicant, decide the matter on reasonable grounds within ninety days.] 1 [(3A) A person whose review application has been refused under sub-section (3) may file an appeal to the High Court within thirty days of the refusal of the review application.]

(4)Any person who violates any direction or order of the Federal Government 1[***] 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.] 2 [11EEE. 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 in section 11EE, it is necessary so to do, may, by order in writing, direct to arrest and detain, in such custody as may be satisfied, 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 sub-section (1).] 3 [11EEEE. Preventive detention for inquiry.__ 4[(1) The Government or, where the provisions of section 4 have been invoked, the armed forces or civil armed forces, as the case may be, subject to the specific or general order of the Government in this regard, for a period not exceeding three months and after recording reasons thereof, issue order for the preventative detention of any person who has been concerned in any offence under this Act relating to the security or defence of Pakistan or any part thereof, or public order relating to target killing, kidnapping for ransom, and extortion, bhatta, or the maintenance of supplies or services, or against whom sufficient grounds exist of his having been so concerned, for purpose of inquiry: Provided that the detention of such person, including detention for a further period after three months, shall be subject to the provision of Article 10 of the Constitution.]

(2)The inquiry under sub-section (1) may be conducted by a police officer not below the rank of Superintendent of Police or through a Joint Interrogation Team (JIT) to be notified by the Government comprising a police officer not below the rank of Superintendent of Police and officers of other investigation agencies and the powers of the inquiry officer will be vested as per section 5 of the Federal Investigation Agency Act, 1974 (VIII of 1975) 1[:] 2 [Provided that where the detention order has been issued by the armed forces or civil armed forces under sub-section (1), the inquiry shall be conducted by the JIT comprising of a police officer not below the rank of Superintendent of Police, Intelligence agencies, civil armed forces, armed forces, and other law enforcing agencies.]

(2)Any contravention of an order made under sub-section (1) shall be punishable with rigorous imprisonment for a term which may extend to two years, or with fine, or with both.] 11F. Membership, 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 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 provisions 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 1[money or other property] 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. 1 [(2) A person who commits an offence under sub-section (1) shall be liable to imprisonment for a term which may extend to five years, or with fine, or with both.]