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ORDINANCE XXXIX OF 2001 ORDINANCE XXXIX OF 2001 ANTI‑TERRORISM (AMENDMENT) ORDINANCE, 2001 An Ordinance further to amend the Anti‑Terrorism Act, 1997 [Gazette of Pakistan, Extraordinary, Part I, 14th August, 2001] F.No.2(1)/2001‑Pub., dated 14‑8‑2001.‑‑‑The following Ordinance promulgated by the President is hereby published for general information:‑‑ 12. Insertion of new sections, Act XXVII of 1997.--In the said Act, after section 21, substituted as aforesaid, the following new sections shall be inserted, namely:-- "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 Deputy Superintendent of Police, 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-- (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 subsection (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 these things. 21B. Terrorist investigation.--(I) A policeman in uniform may-- (a) order a person in a cordoned area to leave immediately, (b) order a person immediately to leave the premises which are wholly or partly in or adjacent to a cordoned area, (c) order the driver or person in charge of a vehicle in a cordoned area to move it from the area immediately, (d) arrange for the removal of a vehicle from the cordoned area, (e) arrange for the movement of a vehicle within a cordoned area, (f) prohibit or restrict access to a cordoned area by pedestrians or vehicles, (g) enter and search any premises in a cordoned area if he suspects anyone concerned with terrorism is hiding there, (h) search and arrest any person he reasonably suspects to be a person concerned in terrorism: Provided that any search of a person shall be done by a Police person of the same sex; or (i) take possession of any property in a cordoned area he reasonably suspects is likely to be used for the purposes of terrorism. 21C. Training.--(1) Weapons Training: A person commits an offence if he provides, without valid authorisation from the competent authority, any instruction or training in the making or use of-- (a) fir-earns; (b) explosives; or (c) chemical, biological, and other weapons. (2) A person commits an offence if he provides without valid authorisation from the competent authority, any instruction or training to any child under subsection (1) and, on conviction, shall be liable to a term of imprisonment of not less than ten years and fine. (3) A person commits an offence if he receives instruction or training from anyone, without valid authorisation from the competent authority, to give such instruction or training or invites another, specifically or generally, to receive such unauthorised instruction or training in the making or use of-- (a) fire-arms; (b) explosives; or (c) chemical, biological and other weapons. (4) A child commits an offence if he provides, without valid authorisation from the competent authority, any instruction or training, or if he receives such unauthorised instruction or training or invites another, specifically or generally, to receive such unauthorised instruction or training in the making or use of-- (a) fire-arms; (b) explosives; or (c) chemical, biological, and other weapons. (5) A child guilty of an offence under subsection (4) shall be liable on conviction to imprisonment for a term not less than six months and not exceeding five years. (6) A person guilty of an offence under subsections (1) and (3) shall be liable on conviction to imprisonment for a term not exceeding ten years, or fine or with both. (7) Training in Terrorism: (a) A person commits an offence if he provides, generally or specifically, any instruction or training in acts of terrorism. (b) A person commits an offence if he receives any instruction or training in acts of terrorism or invites another, specifically or generally, to receive such instruction or training. (c) A person guilty of an offence under subsections (a) and (b) shall, on conviction, be liable to imprisonment of either description for a term of not less than one year and not more than ten years and fine. (d) A person is guilty of an offence if he provides, any instruction or training in acts of terrorism to a child, and on conviction, shall be liable on conviction to imprisonment of either description for a term not less than one year and not more than ten years and fine. (e) A child commits an offence if he provides, generally or specifically, any instruction or training in acts of terrorism, and on conviction, shall be liable to imprisonment for a term not less than six months and not more than five years. (f) A child commits an offence if he receives, generally or specifically, instructions of training in acts of terrorism, and on conviction, shall be liable to imprisonment for a term not less than six months and not more than five years. (8) A Court by which a person is convicted of an offence under this section, may order the forfeiture of any thing or property which it considers to have been in the person's possession for purposes connected with the offence, after giving any person, other than the convicted person, who claims to be the owner or is otherwise interested, an opportunity of being heard. 21D. Bail.--(1) Notwithstanding the provisions of sections 439, 491, 496, -497, 498, 498A and 561-A 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 Anti-terrorism Court. (2) All offences under this Act punishable with death or imprisonment not 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 subsection (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 conditions of release (if any). (4) In exercising is 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, or (b) necessary in the interests of justice or for the prevention of crime. (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, for which the maximum period allowed may be fifteen days: Provided that, where an accused cannot within twenty-four hours be produced before the Court, a temporary order for police custody 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. (3) No extension of the time of the remand of the accused in police custody 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 thirty days. (3) The Court shall be deemed to be a Magistrate for purposes of subsection (1). 21F. Remissions.--Notwithstanding anything contained in any law or prison rules for the time being in force, no remission in any sentence shall be allowed to a person, other than a child, who is convicted and sentenced for any offence under this Act, unless granted by the Government. 21G. Trial of offences.--All offences under this Act shall be tried by the Anti-Terrorism Court established under this Act. 21-H. Conditional admissibility of confession.--Notwithstanding anything contained in the Qanun-e-Shahadat, 1984 (President's Order No. 10 of 1984) or any other law for the time being in force, where in any Court proceedings held under this Act the evidence (which includes circumstantial and other evidence) produced raises the presumption that there is a reasonable probability that the accused has committed the offence, any confession made by the accused during investigation without being compelled, before a police officer not below the rank of a District Superintendent of Police, may be admissible in evidence against him if the Court so deems fit: Provided that the District Superintendent of Police before recording any such confession, had explained to the person making it that he is not bound to make a confession and that if he does so it tray be used as evidence against him and that no District Superintendent of Police has recorded such confession unless, upon questioning the person making it, the District Superintendent of Police had reason to believe that it was made voluntarily; and that when he recorded the confession, he made a memorandum at the foot of such record to the following effect: "I have explained to (.......name......), that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him." (Signed) Superintendent of Police." 21-I. Aid and abetment. --Whoever aids or abets any offence, under this Act shall be punishable with the maximum term of same imprisonment provided for the offence or the fine provided for such offence or with both. 21-J. Harbouring--(1) A person commits an offence if he harbours any person who has committed an offence under this Act. (2) A person guilty of an off6nce under subsection (I) shall be liable on conviction to punishment as provided in sections 216 and 216A of the Pakistan Penal Code (Act XLV of 1860). 21K. Offences triable by way of summary procedure.--All offence under this Act punishable with imprisonment for a term of not more than six months with or without fine shall be tried by way of summary procedure. 21L. Punishment for an Absconder.--Whoever being accused of an offence under this Act, absconds and avoids arrest or evades appearance before any inquiry, investigation or Court proceedings or conceals himself, and obstructs the course of justice, shall be liable to imprisonment for a term not less than six months and not more than five years or with fine or with both. 21M. Joint Trial.--(1) While trying any offence under this Act, a Court may also try any other offence with which an accused may, under the Code of Criminal Procedure, 1898, be charged, at the same trial if the offence is connected with such other offence. (2) If, in the course of any trial under this Act of any offence it is found that the accused person has committed any other offence under this Act or any other, law for the time being in force, the Court may convict a accused far such other offence and pass any sentence authorised by this Act or, as the case may be, such other law, for the punishment thereof."