6

ACT XX OF 2013 ACT XX OF 2013 ANTI-TERRORISM (SECOND AMENDMENT) ACT, 2013 An Act further to amend the Anti-Terrorism Act, 1997 [Gazette of Pakistan, Extraordinary, Part I, 26th March, 2013] No. F. 9 (13)/2013-Legis., dated 26-3-2013.---The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 22nd March, 2013, is hereby published for general information:- Whereas it is expedient further to amend Anti-Terrorism Act, 1997 (XXVII of 1997) for the purposes hereinafter appearing; It is hereby enacted as follows:-- 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) The Government may, for a period not exceeding thirty days and after recording reasons thereof, issue order for the preventive detention of any person who has been concerned in any offence under this Act relating to national security and sectarianism 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, for purposes of inquiry: Provided that the Anti-terrorism Court may, for reasons to be recorded, grant extension in the period of detention for upto thirty days at a time, but the total period of detention shall not exceed ninety days. (2) The inquiry under subsection (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). (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 of his detention, and before the presiding officer of the court if and when any extension in the period of detention is requested. (4) During inquiry the concerned police officer not below the rank of Superintendent of Police 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 centre so notified by the Government and the presiding officer of the court or the Magistrate, as the case any be referred in subsection (3) shall have the authority to inspect the detention centers to ensure that the custody is in accordance with the law 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 Superintendent of Police or the Joint Investigation Team, as the case, may be has sufficient evidence to believe that any property which is 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, be order in writhing, 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.".