Anti-Terrorism Act, 1997 — Section 19: Procedure and Powers of 1[Anti-terrorism Court]

19. Procedure and Powers of 1[Anti-terrorism Court].__ 4[(1) An investigating officer under this Act shall be an officer or Police Officer not below the rank of Inspector or equivalent or, if the Government deems necessary Joint Investigation Team’ to be constituted by the Government shall be headed by an Investigating Officer of Police not below the rank of Superintendent of Police (BS-18) and other officers of JIT may include equivalent rank from Intelligence Agencies, Armed Forces and Civil Armed Forces. The JIT shall comprise five members and for the meeting purposes the quorum shall consist of three members. 5[The Joint Investigation Team may co-opt any additional person from any Federal or Provincial institution or department as it deems appropriate for investigation.] The investigating officer to the JIT, as the case may be, shall complete the investigation in respect of cases triable by the court within thirty working days. The report under section 173 of the Code shall be signed and forwarded by the investigating officer of police 1[through public prosecutor] to the court: Provided that where the provisions of sections 4 and 5 have been invoked, the investigation shall be conducted by the JIT comprising members of armed forces or civil armed forces, as the case may be, intelligence agencies and other law enforcement agencies including an investigating officer of police not below the rank of Inspector who shall sign the report under section 173 of the Code and forward it to the Court: Provided further that, where investigation is not completed within a period of thirty days from the date of recording of the first information report under section 154 of the Code, the investigating officer or the JIT shall, within three days after expiration of such period, forward to the Court through the Public Prosecutor, an interim report under section 173 of the Code, stating therein the result of investigation made until then and the Court shall commence the trial on the basis of such interim report,unless, for reasons to be recorded, the Court decides that the trial may not so commence. The interim report shall be signed by the investigating officer of police;] police custody 1[, or custody of any other investigating agency joined in an investigation,], under section 169 of the Code, or has been remanded to judicial custody, the 2[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 1[or custody of any other investigating agency joined in investigation] for the purpose of further investigation in the case.

(6)2[An Anti-terrorism Court] shall be deemed to be a Magistrate for purpose of 3[sub-section]

(5). 4 [(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 days, failing which the matter shall be brought to the notice of the Chief Justice of the High Court concerned for appropriate directions, keeping in view the facts and circumstances of the case.] 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 1[in one daily newspaper including Sindhi 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 2[Anti-terrorism Court] for the purpose and he shall be engaged at the expense of the Government. 2 [(11A). Nothing 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 sub-section (10) appears voluntarily, or is apprehended and brought before 2[Anti-terrorism Court], and proves to its satisfaction that he did not abscond or conceal himself for the purpose of avoiding the proceeding against him, 2[the Anti-terrorism Court] shall set aside his conviction and proceed to try him in accordance with law for the offence which he is charged: Provided that 2[the Anti-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 satisfies it that he could not appear within the said period by reason of circumstances beyond his control.

(13)3[* * * * * * *]

(14)Subject to the other provisions of this Act, 2[an Anti-terrorism Court] shall, for 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 a Court of Session as far as may be in accordance with the procedure prescribed in the Code for trial before a Court of Sessions. 1 [19A. Mode of making searches and arrest.__ The provisions of the Code, except that of section 103, shall mutatis mutandis, apply to all searches and arrest by police officer and an officer of equivalent rank of the law enforcement agencies made under this Act.] 4 [19B. Pre-trial scrutiny.__ Before commencement of the trial, the prosecutor shall scrutinize the case file to ensure that all pre-trial formalities have been completed so that the actual trial proceeds uninterrupted from day-to-day.] 1Subs. and ins. by Act No. XX of 2013, ss. 12 and 13. 2Subs. by Ordinance No. XIII of 1999, ss. 2 and 13. 3Omitted by Ordinance No. XXXIX of 2001, s. 9. 4Ins. by Act No. VI of 2014, s. 6. 1 [19C. Application of investigation techniques.__ (1) The investigating officer may with the permission of Court, within sixty days of such permission, use techniques including undercover operation, intercepting communications, accessing computer system and controlled delivery for investigation of financing of terrorism under the law in force. The aforementioned period of sixty days may be extended upto further period of sixty days by the Court on a request made to it in writing. The Court may grant extension, if it is satisfied, on the basis of situation or reasons given in the written request. The provisions of this sub-section shall be in addition to and not in derogation of any other law for the time being in force.

(2)The Federal Government may make rules to regulate the procedure and execution of orders for the purpose of this section.] 20. 2[* * * * * * *] 1 [These measures may include the following, namely:

(a)screens may be used during trial to shield witnesses, Judges and Prosecutors from public view;

(b)trial may be held in jail premises or through video link;

(c)witness protection programmes may be established by the Government through law or rules. The Provincial Government shall take necessary steps to ensure that prisoners in Jails do not haveaccess to mobile phones.]

(3)The Government shall extend protection to a judge 2[,] 3[*] a counsel, public prosecutor and the witnesses during investigation of an offence and proceedings under this Act, and thereafter, as may be considered necessary.] 1 [(4) The provisions of this section shall have effect notwithstanding anything contained in any other law for the time being in force, including the Qanun-e-Shahadat, 1984 (P.O. No. X of 1984).] 4 [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 2[Deputy Superintendent of Police or a member of a Joint Investigation Team], 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 – 1Ins. by Act No. VI of 2014, s. 7. 2Ins. by Ordinance No. VI of 2002, s. 9. 3Omitted by Ordinance No. CXXXIV of 2002, s. 5. 4Ins. by Ordinance No. XXXIX of 2001, s. 12.

(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:

(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 those things. 1[21AA. Protection of Judges, prosecutors, witnesses and persons concerned with Court proceedings.__ (1) For the purposes of protecting the Judges, prosecutors, witnesses and persons concerned with Court proceedings, the Court may make such necessary orders or take such measures, as it deems fit, which may include the following:

(a)proceedings may be held in camera, or under restricted entry, where necessary, to prevent persons from crowding or storming the Court to intimidate the Judge and/or prosecutor or to create a threatening atmosphere which may impede the trial;

(b)witness anonymity order may be passed by a Court that requites such specified measures to be taken in relation to a witness in proceedings, as the Court considers appropriate to ensure that the identity of the witness is not disclosed in or in connection with the proceedings. The kinds of measures that may be required to be taken in relation to a witness may include measures for securing one or moreof the following:

(i)that the witness’s name and other identifying details shall be withheld or removed from materials disclosed to any party to the proceedings;

(ii)the witness shall use a pseudonym; 1Ins. by Act No. XV of 2018, s. 2.

(iii)that the witness shall not be asked questions of any specified description that might lead to the identification of the witness;

(iv)that the witness shall be screened so as to prevent his identification; and

(v)that the witness’s voice is subjected to modulation to any specified extent;

(c)live link which refers to a live television link or other arrangements whereby a witness, whilst absent from the courtroom but present at a prescribed location is able to testify and be heard and seen by a Judge. Where a direction for a live link has been given, Cross-examination must be conducted by live link. The Court in furtherance of the interest of justice may order the image and voice of the witness to be morphed so as to protect the identity of the same; and

(d)identification Parade shall be carried out by way of witness screening which is the use of screens, curtains or two-way mirrors to shield witnesses and their identity from the Accused and from the public and the media as a means to reduce any potential intimidation and face to face confrontation.

(2)The Court may make such an order only if it is satisfied that the following conditions are met, namely:

(a)the proposed order is necessary,

(i)in order to protect the safety of the witness or another person or to prevent any serious damage to property; or

(ii)in order to prevent real harm to the public interest; or

(iii)in order to ensure expeditious trial; and

(b)having regard to all the circumstances, the effect of the proposed order should be consistent with the defendant receiving a fair trial.]