6
Insertion of new sections, Act XXVII of 1997
Act: Anti-Terrorism (Amendment) Ordinance 2010
Section Provisions
ORDINANCE I OF 2010 ORDINANCE I OF 2010 ANTI-TERRORISM (AMENDMENT) ORDINANCE, 2010 An Ordinance further to amend the Anti-Terrorism Act, 1997 [Gazette of Pakistan, Extraordinary, Part I, 1st February, 2010] No.2(I)/2010-Pub., dated 1-2-2010.---The following Ordinance promulgated by the President is herein published for general information: Whereas it is expedient further to amend the Anti-Terrorism Act, 1997 (XXVII of 1997), for the purposes hereinafter appearing; And whereas the National Assembly is not in session and the President is satisfied that circumstances exist which render it necessary to take immediate action; Now, therefore, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make and promulgate the following Ordinance. 6. Insertion of new sections, Act XXVII of 1997.---In the said Act, after section 11EEE, the following new sections shall be inserted, namely:-- "11EEEE Preventive detention for inquiry.---(1) Any person who has been concerned in any offence under this Act or against whom a reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists of his having been so .concerned, the Government may issue order of his preventive detention for a period not exceeding ninety days, which shall not be challenged in any Court, for the purposes of inquiry, specifying reasons and grounds thereof. (2) The inquiry under subsection (1) may be conducted by a Police Officer not below, the rank of Sub-Inspector or through a Joint Interrogation Team (JIT) to be notified by the Government, comprising a Police Officer not below the rank of Sub-Inspector and officers of other investigation agencies and the powers of the inquiry officers of will be vested as per section 5 of the Federal Investigation Agency Act, 1974 (VIII of 1975).. . (3) The detenue shall be produced in camera before the presiding officer of the Court or in his absence before the District and Sessions Judge or the Magistrate appointed under the Shariah Nizam-e-Adl Regulation, 2009, within twenty four hours. (4) During inquiry the concerned Police Officer not below the rank of Sub-Inspector or equivalent officer of the law enforcement agencies or the members of Joint Interrogation Team (JIT), as the case may be, shall have all the powers relating to search, arrest of persons and seizure of property, and other relevant material connected with the commission of offence and shall have all the powers as a Police officer has in relation to the investigation of offences under the Code or any other law for the time being in force: Provided that the detenue shall be kept in a detention center so notified by the Government and the presiding officer of the Court or the Magistrate, as the case may be, referred in subsection (3) shall have the authority to inspect the detention centers to ensure that the custody is in accordance with the laws for the time being in force. "11EEEEE Prohibition on disposal of property.---(1) If during the course of inquiry or investigation, the Police Officer not below the rank of Sub-Inspector or the Joint Investigation Team, as the ease may be, has sufficient evidence to believe that any property which is the subject matter of the inquiry or investigation, is likely to be removed, transferred or otherwise disposed of before an order of the. appropriate authority for its seizure is obtained, such officer or the team may, by order in writing, direct the owner or any person who is, for the time being in possession thereof not to remove, transfer or otherwise dispose of such property in any manner except with the previous permission of such officer or the team, as the case may be, and such order shall be subject to any order made by the Court having jurisdiction in the matter. (2) Any contravention of an order made under subsection (1) shall be punishable with rigorous imprisonment for a term which may extend to two years, or with fine, or with both".