Section 28: Transfer of Cases

28. Transfer of Cases.− (1) Notwithstanding anything contained in this Act, 2[the Chief Justice of High Court concerned 3[on the application of any party to the proceedings” or on the application of the Federal Government or a Provincial Government] may, if he] considers it expedient so to do in the interest of justice, or where the convenience or safety of the witnesses or the safety of the accused so requires, transfer any case from one 4[Anti-terrorism Court] to another 4[Anti-terrorism Court] within or outside the area. 1[(1A) Where it appears to the Government that it would be in the interest of justice or expedient for protection and safety of judges, witnesses or prosecutors, it may apply to the Chief Justice of the High Court concerned for transfer of a case from, an Anti-terrorism Court falling within its jurisdiction toan Anti-terrorism Court in any other place in Pakistan and for this purpose shall also seek concurrence of the Chief Justice of the High Court concerned.] (2) 4[An Anti-terrorism Court] to which a case is transferred under sub-section (1) shall proceed with the case from the stage at which it was pending immediately before such transfer and it shall not be bound to recall and re-hear any witness who has given evidence and may act on the evidence already recorded 4[:] 4[Provided that nothing herein contained shall affect the power of the presiding officer of the Anti- terrorism Court to call any witness as is available under the law.] 1[(3) The Federal Government may in the interests of justice and for protection and safety of witnesses and investigators, transfer the investigation of any case from, one place to any other place in Pakistan.] (4) The investigating officer or the agency to which case is transferred under sub-section (3), may proceed from the stage the inquiry or investigation was left or may proceed with the case as if it had been originally entrusted to him or the agency, as the case may be. (5) On completion of investigation and before submission of report under section 173 of the Code, the Federal Government may direct that the case falling in the jurisdiction of a particular Anti-terrorism court may be forwarded for trial to another Anti-terrorism court anywhere in Pakistan, as may be specified by the Federal Government in this behalf, in the public interests or for the safety and protection of judges, public prosecutors or witnesses.]

Effective date: 1997-08-16

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