DOCUMENT No.25
 

Courts Get more Anti-Terror Powers
 

NA amends Anti-Terrorism Act; bill to amend Press, Newspapers, News Agencies and Books Registration Ordinance referred to committee

ISLAMABAD: The National Assembly Monday empowered judges of Anti-Terrorist Courts to impound passports of suspected religious terrorists for indefinite period to deal with the threat of terrorism across the country.

The bill to amend the Anti-Terrorism Act 1997 was passed by the treasury benches with voice vote. Under the new powers, suspected terrorists would not be allowed to get adjournment of their cases except twice.

The House cleared the bill in the absence of the opposition parties that boycotted the proceedings to protest against dual office for General Pervez Musharraf. The bill empowered the judges to award life imprisonment to religious terrorists instead of earlier sentence of 14 years in jail.

The government told the National Assembly at the time of approval of the bill that sweeping changes in the existing Anti-Terrorism Act of 1997 were brought to take cognisance of terrorist acts such as bomb blasts, firing and use of explosives in mosques and other worship places.

The government said the bill was moved in the Assembly to enhance both minimum and maximum punishment for acts of terrorism, limit the adjournment of cases and provide for appeal to be decided by special benches of High Courts consisting of not less than two judges.

The statement of the objectives of the bill said: "The power of the federal government is provided to transfer cases from a court in one province to a court in another province. Amendment of the third schedule is being introduced to bring offences relating to abduction and kidnapping for ransom, firing and use of explosive in the places of worship and court premises, within the exclusive jurisdiction of Anti-Terrorism courts."

The bill was presented in the House by the interior minister for its approval. Earlier, the bill was referred to the Standing Committee on Interior that after deliberations referred its report to the NA for legislation.

The committee disagreed with many portions of the bill and deleted controversial clauses. The law passed by the NA also says if the defence counsel does not appear for two consecutive adjournments, the court shall appoint a state council with at least seven years standing in criminal matters for the defence of the accused for the purpose in consultation with the government and shall proceed with the trial of the case.

APP adds: Following is the Text of the Bill: "further to amend the Anti-terrorism Act, 1997; whereas it is expedient further to amend the Anti-terrorism Act, 1997 (XXVII of 1997) for the purposes hereinafter appearing, it is hereby enacted as follows:

1.     Short title and commencement.— (1) This Act may be called the Anti-terrorism (Second Amendment) Act, 2004. (2) It shall come into force at once.

2.     Amendment of section 6, Act XXVII of 1997. -In the Anti-terrorism Act, 1997 (XXVII of 1997) hereinafter referred to as the said Act, in section 6, in sub-section (2), after clause (e), the following new clause shall be inserted, namely:—"(ee) involves use of explosives by any device including bomb blast;"

3.     Amendment of section 7, Act XXVII of 1997. In the said Act, in section 7—, (i) in clause (b), for the words "five years" the words "ten years" shall be substituted and for the words "fourteen years" the words "imprisonment for life" shall be substituted; (ii) In clause (c), for the words ‘seven years" the words "ten years shall be substituted; (iii) In clause (d), for the words "and not exceeding fourteen years" the words "but may extend to imprisonment for life" shall be substituted; (iv) After clause (f), the following new clause shall be inserted, namely:— "(ff) the act of terrorism committed falls under section 6(2) (e), shall be punishable with imprisonment which shall not be less than fourteen years but may extend to imprisonment for life;" (v) In clause (g), for the words "six months" the words "two years" shall be substituted and for the words "three years" the words "five years" shall be substituted; (vi) In clause (h), for the words "one year" the words "five years" shall be substituted and for the words "and not more than ten years" the words "but may extend to imprisonment for life" shall be substituted; and. (vii) in clause (i), for the words "six months" the words "five years" shall be substituted and for the words "five years" the words "ten years" shall be substituted.

4.     Amendment of section 11G, Act XXVII of 1997. -In the said Act, in section 11G, for sub-section (2), the following shall be substituted: "(2) A person who commits and offence under sub-section (1), shall be liable to imprisonment for a term which may extend to five years, or with fine, or with both.

5.     Amendment of section 11N, Act XXVII of 1997. -In the said Act, in section 11N, for the words "six months" the words "five years" shall be substituted and for the words "five years" the words "ten years" shall be substituted.

6.     Amendment of section 11V, Act XXVII of 1997. -In the said Act, in section 11V, in sub-section (2), for the words" imprisonment for a maximum term of seven years" the words "imprisonment for life" shall be substituted.

7.     Amendment of section 11W, Act XXVII of 1997. -In the said Act, in section 11W, for sub-section (2), the following shall be substituted, namely: "(2) Any person guilty of an offence under sub-section (1), shall be punishable on conviction with imprisonment which may extend to five years and with fine."

8.     Amendment of section 11X, Act XXVII of 1997. -In the said Act, in section 11X.—(i) In sub-section (2), for the words ‘six months" the words "five years shall be substituted and for the words "five years" the words "ten years" shall be substituted; and (ii) in sub-section (3), for the words "six months" the words "five years" shall be substituted and for the words "three years" the words "ten years" shall be substituted.

9.     Amendment of section 19, Act XXVII of 1997:

        In the said Act, in section 19,—(i) for sub-section (8), the following shall be substituted, namely:-"(8) An anti-terrorism Court shall not give more than two consecutive adjournments during the trial of the case. If the defence counsel does not appear after two consecutive adjournments, the court may appoint a State Counsel with at least seven years standing in criminal matters for the defence of the accused from the panel of advocates maintained by the Court for the purpose in consultation with the Government and shall proceed with the trial of the case." (ii) After sub-section (8) substituted as aforesaid, the following new sub-section shall be inserted, namely-"(8a) Non-compliance with the provisions of sub-section (8) may render the presiding officer of the Court liable to disciplinary action by the concerned High Court. (8b) Notwithstanding anything contained in section 7 of the Explosive Substances Act, 1908 (VI of 1908), or any other law for the time being in force, if the consent or sanction of the appropriate authority, where required, is not received within thirty days of the submission of challan in the Court, the same shall be deemed to have been given or accorded and the Court shall proceed with the trial of the case.

10.   Substitution of section 21G, Act XXVII of 1997:

        In said Act, in section 21G, after the word "tried" the word "exclusively " shall be inserted.

11.   Amendment of section 21L, Act XXVII of 1997. In the said Act, in section 21L, for the words "six months" the words "five years" and for the words "five years" the words "ten years" shall be substituted.

12.   Amendment of section 25, Act XXVII of 1997. In the said Act, in section 25, after sub-section (8) , the following new sub-sections shall be added, namely:- "(9) For the purposes of hearing appeals under this section each High Court shall establish a Special Bench or Benches consisting of not less than two Judges. (10) While hearing an appeal, the Bench shall not grant more than two consecutive adjournments.

13.   Insertion of new section, Act XXVII of 1997. - In the said Act, after section 28, the following new section shall be inserted, namely: "28A. Impounding of passport of person charge-sheeted under the Act.- Notwithstanding anything contained in any other law for the time being in force, the passport of a person, who is accused an offence under this Act, shall be deemed to have been impounded for such period as the Court may deem fit."

14.   Amendment of the Third Schedule, Act XXVII of 1997. In the said Act, in the Third Schedule, after paragraph 3, the following new paragraph shall be added, namely;-"Without prejudice to the generality of the above paragraphs, the Anti-terrorism Court to the exclusion of any other Court shall try the offences relating to the following, namely: (i) Abduction or kidnapping for ransom; (ii) use of fire arms or explosives by any device, including bomb blast in a mosque, Imambargah, church, temple or any other place of worship, whether or not any hurt or damage is caused thereby; or (iii) firing or use of explosives by any device, including bomb blast in the court premises."

Statement of Objects and Reasons "In order to take serious cognisance of terrorist acts such as bomb blasts, firing and use of explosives in the Mosques, Imambargahs, Churches and other places of worship and court premises, and in order to cater for increased terrorist activities in the country, it is necessary to make certain amendments in the Anti-terrorism Act, 1997."

2.        "To achieve the aforesaid objective, a draft Bill has been prepared. It enhances both minimum and maximum punishment for acts of terrorism, limits the adjournments of cases and provides for appeals to be decided by special Benches in the High Court consisting of not less than two judges. The power of the federal government is provided to transfer cases from a Court in one Province to a Court in another Province. Amendment of the Third Schedule is being introduced to bring offences relating to abduction and kidnapping for ransom, firing and use of explosives in the places of worship and Court premises, within the exclusive jurisdiction of Anti-terrorism Courts."

3.        The Bill is designed to achieve the aforesaid objects." Meanwhile, a bill to amend the Press, Newspapers, News Agencies and Books Registration Ordinance, 2002 was presented before the National Assembly on Monday.

        Minister for Information and Broadcasting Sheikh Rashid Ahmed introduced "The Press, Newspapers, News Agencies and Books Registration (Amendment) Bill 2004".

        The speaker referred the bill to the standing committee concerned.

Following is the text of the amendment bill: "Whereas it is expedient to amend the Press, Newspapers, News Agencies and Books Registration Ordinance, 2002, (XCVIII of 2002), for the purpose hereinafter appearing; It is hereby enacted as follows:

1.     Short title and commencement. - (1) This Act may be called the Press, Newspapers, News Agencies and Books Registration (Amendment) Act, 2004. (2) It shall come into force at once:

2.     General amendment, Ordinance XCVIII of 2002.- In the Press, Newspapers, News Agencies and Books Registration Ordinance, 2002 (XCVIII of 2002), hereinafter referred to as the said Ordinance, after the worlds "District Coordination Officer", wherever occurring, the words and commas "or, where the District Government has not come into being, the District Magistrate" shall be inserted.

3.     Amendment of section 44, Ordinance XCVIII of 2002. - IN the said Ordinance, in section 44, for the word "Government" the words "Federal Government in consultation with the Provincial Governments" shall be substituted."

Statement of objects and reasons "The Press, Newspapers, News Agencies and Books Registration (Amendment) Bill, 2004, provides a legal framework for regulating matters pertaining to the press, newspapers, news agencies, books, printing presses etc.

1.     It also provides for the authentication of declarations of newspapers, their registration and other allied matters.

2.     The law was prepared in consultation with the All Pakistan Newspapers Society (APNS) and Council of Pakistan Newspapers Editors (CPNE) and has replaced the West Pakistan Press and Publications Ordinance, 1963 which was subsequently repealed by the promulgation of Registration of Printing Press and Publications Ordinance, 1988 (RPPPO), till it finally lapsed.

3.     The proposed amendment aims at removing impediments by empowering District Magistrate (Islamabad) to authenticate the declaration and carry out the other ancillary job that now rests with the District Coordination Officers under the Ordinance.

4.        The proposed amendment will also empower the Federal Government to make rules under section 44 that was inadvertently defined as Provincial Government in Section 2 (Part 1)."
Text of the Anti Terrorism Bill, The News, 19 October 2004

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