Anti-Terrorism Act, 1997 — Section 21D: Bail

21D. Bail.__ (1) Notwithstanding the provisions of sections 439, 491, 496, 497, 498, 498A and 561A 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 an Anti-terrorism Court.

(2)All offences under this Act punishable with death or imprisonment 1[*] 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 sub-section (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 condition of release (if any).

(4)In exercising its 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

(b)necessary in the interests of justice or for the prevention of crime 1[, including surveillance of the person granted bail to monitor his activities and requiring him to report to the concerned police station at specified intervals as determined by the court].

(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 2[or custody of any other investigating agency joined in the investigation], for which the maximum period allowed may be not less than 1[fifteen days and not more] than thirty daysat one time: Provided that, where an accused cannot within twenty-four hours be produced before the Court, a temporary order for police custody 2[or custody of any other investigating agency joined in the investigation] 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.

(2)No extension of the time of the remand of the accused in police custody 2[or custody of any other investigating agency joined in the investigation] 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 1[ninety] days.

(3)The Court shall be deemed to be a Magistrate for purposes of sub-section (1) 1[:] 1 [Provided that the Magistrates appointed under the Shariah Nizam-e-Adl Regulation, 2009 shall also have the same powers as given to a court under this section.] 1 [21EE. Power to call information etc.__ (1) The Superintendent of Police during the course of investigation or an equivalent officer of security forces operating in aid of civil power under sections 4 and 5, may by an order in writing, on the request of the Joint Investigation Team,

(a)call for information from any person for the purpose of satisfying himself whether there has been any contravention of the provisions of this Act or any rule or order made there under; 1Ins. and subs. by Act No. XX of 2013, ss. 14 and 15. 2Ins. by Ordinance No. VI of 2002, s. 12.

(b)require any person to produce or deliver any document or thing useful or relevant to the inquiry or investigation;

(c)examine any person acquainted with the facts;

(d)with the permission of the Anti-terrorism Court, require any bank of financial institution, notwithstanding anything contained in any other law for the time being in force, to provide any information relating to any person, including copies of entries made in the bank’s or a financial institution’s book, including information of transactions saved in electronic or digital form which are reasonably believed to be connected with commission of an offence under this Act and the keeper of such books or records shall be obliged to certify the copies in accordance with law; and

(e)require information or obtain record of telephone and mobile phone data, e- mail, MMS and CNIC and encrypted messages or any other information suspected to be linked in any manner with commission of an offence under this Act, from any service provider company of department.

(2)The copies obtained, information received or evidence collected in pursuance of clauses (d) and (e) of sub-section (1) shall be kept confidential and shall not be divulged to any un-authorized person or used for any purpose other than the legal proceedings under this Act.

(3)Any contravention of an order made under sub-section (1) shall be punishable with imprisonment which may extend to 1[three years or with fine which may extend to one million rupees in case of an individual and ten million rupees in case of a legal person or with both].