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19

Insertion of section 39-A Act XXVII of 1997

Act: Anti-Terrorism (Second Amendment) Ordinance 1999

Section Provisions

ORDINANCE XIII OF 1999 ANTI-TERRORISM (SECOND AMENDMENT) ORDINANCE, 1999 ORDINANCE XIII OF 1999 An Ordinance to amend the Anti-terrorism Act, 1997 [Gazette of Pakistan, Extraordinary, Part I, 27th August, 1999] F.No.2(1)/99-Pub., dated 27-8-1999.--The following Ordinance made by the President is hereby published for general information:--- 19. Insertion of section 39-A, Act XXVII of 1997.-In the said Act, after section 39, the following new section shall be inserted, namely:-- "39-A. Reveal.--(1) The Anti-Terrorism (Amendment) Ordinance, 1999 (IV of 1999), is hereby repealed. (2) All cases, including cases before a Court of appeals, which were pending under the Pakistan Armed Forces (Acting in Aid of Civil Power) Ordinance, 1998 (XII of 1998), shall stand transferred to the Anti-Terrorism Court having jurisdiction under the Act and such Court shall, (a) in cam which have been transferred from a trial Court, continue the trial from the stage which the cases dad rte: and (b) in cases which have bees transferred from a Court of Appeals decide the same on the basis of the evidence bier recorded after hearing the panics. (3) Any judgment given or sentence passed by a trial Court or a Court of Appeals convened under section 3 of the Pakistan Armed Forces (Acting in Aid of Civil Power) Ordinance, 1998 (XII of 1998), except cases in which sentence of death was passed and has beat executed, shall have no effect and all such cams shall stand transferred to the Anti-Terrorism Court having jurisdiction under this Act for decision after hearing the parties on the basis of the evidence earlier recorded. (4) In respect of a case transferred to a Court by virtue of subsection (2) or subsection (3), the Court shall not, by reason of the said transfer, be bound to recall and rehear any witness who has given evidence before the transfer and may act on the evidence already recorded by or produced before the Court from which the case is so transferred. (5) Nothing contained in subsection (4) shall affect the power of the Court:. to recall any wince or rehear any evidence as is available under the law. "