Section 19: Procedure and Powers of Anti-terrorism Court

19. Procedure and Powers of 1[Anti-terrorism Court].__ 4[(1) An investigating officer under this Act shall be an officer or Police Officer not below the rank of Inspector or equivalent or, if the Government deems necessary Joint Investigation Team’ to be constituted by the Government shall be headed by an Investigating Officer of Police not below the rank of Superintendent of Police (BS-18) and other officers of JIT may include equivalent rank from Intelligence Agencies, Armed Forces and Civil Armed Forces. The JIT shall comprise five members and for the meeting purposes the quorum shall consist of three members. 5[The Joint Investigation Team may co-opt any additional person from any Federal or Provincial institution or department as it deems appropriate for investigation.] The investigating officer to the JIT, as the case may be, shall complete the investigation in respect of cases triable by the court within thirty working days. The report under section 173 of the Code shall be signed and forwarded by the investigating officer of police 1[through public prosecutor] to the court: Provided that where the provisions of sections 4 and 5 have been invoked, the investigation shall be conducted by the JIT comprising members of armed forces or civil armed forces, as the case may be, intelligence agencies and other law enforcement agencies including an investigating officer of police not below the rank of Inspector who shall sign the report under section 173 of the Code and forward it to the Court: Provided further that, where investigation is not completed within a period of thirty days from the date of recording of the first information report under section 154 of the Code, the investigating officer or the JIT shall, within three days after expiration of such period, forward to the Court through the Public Prosecutor, an interim report under section 173 of the Code, stating therein the result of investigation made until then and the Court shall commence the trial on the basis of such interim report,unless, for reasons to be recorded, the Court decides that the trial may not so commence. The interim report shall be signed by the investigating officer of police;] 2[(1A) Notwithstanding anything contained in any other law for the time being in force, the Federal Government may, in respect of any case registered by or under investigation with, the Police or any other investigation agency or authority, by order in writing, entrust inquiry or such investigation to such agency or authority as it may deem fit and thereupon the Police, or any other investigation agency or the authority shall transfer the record of the case to such agency or authority.] 3[(1B) Where any person has been arrested by the armed forces or civil armed forces under section 5, he shall be handed over to the investigating officer of the police station designated for the purpose by the Provincial Government in each District.] (2) Any default on the part of an officer-in-charge of a police station, an investigating officer or any other person required by law to perform any functions in connection with the investigation, that results in, or has the effect of, delaying investigation or submission of the report under sub-section (1), shall be deemed to be a wilful disobedience of the orders of the 4[Anti-terrorism Court] and the person committing the default shall be liable to be punished for contempt of Court. (3) The 4[Anti-terrorism Court] may directly take cognizance of a case triable by such court without the case being sent to it under section 190 of the Code. (4) 5[* * * * * * *] (5) Where, in a case triable by 2[an Anti-terrorism Court] an accused has been released from police custody 1[, or custody of any other investigating agency joined in an investigation,], under section 169 of the Code, or has been remanded to judicial custody, the 2[Anti-terrorism Court] may, on good grounds being shown by a Public Prosecutor or a Law Officer of the Government, for reasons to be recorded in writing, make an order for placing him in police custody 1[or custody of any other investigating agency joined in investigation] for the purpose of further investigation in the case. (6) 2[An Anti-terrorism Court] shall be deemed to be a Magistrate for purpose of 3[sub-section] (5). 4[(7) The Court shall, on taking cognizance of a case, proceed with the trial from day-to-day and shall decide the case within seven days, failing which the matter shall be brought to the notice of the Chief Justice of the High Court concerned for appropriate directions, keeping in view the facts and circumstances of the case.] 5[(8) An anti-terrorism Court shall not give more than two 4[adjournments during the trial of the case and that also imposition of exemplary costs]. 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.] 5[(8a) Non-compliance with the provisions of sub-section 4[(7) or] (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.] (9) 2[An Anti-terrorism Court] shall not merely by reason of a change in its composition or transfer of a case under sub-section (3) of section 12, be bound to recall and re-hear any witness who has given evidence and may act on the evidence already recorded. 2[(10) Any accused person may be tried in his absence if the Anti-terrorism Court, after such inquiry as it deems fit, is satisfied that such absence is deliberate and brought about with a view to impeding the course of justice: Provided that the accused person shall not be tried under this sub-section unless a proclamation has been published in respect of him in at least 1[in one daily newspaper including Sindhi language] requiring him to appear at a specified place within seven days failing which action may also be taken against him under section 88 of the Code: Provided further that the Court shall proceed with the trial after taking the necessary steps to appoint an advocate at the expense of the State to defend the accused person who is not before the Court. Explanation.__ An accused who is tried in his absence under this sub-section shall be deemed not to have admitted the commission of any offence for which he has been charged.] (11) The advocate appointed under the second proviso to sub-section (10) shall be a person selected by the 2[Anti-terrorism Court] for the purpose and he shall be engaged at the expense of the Government. 2[(11A). Nothing contained in sub-section (10) or sub-section (11) shall be construed to deny the accused the right to consult or be defended by a legal practitioner of his own choice.] (12) If, within sixty days from the date of his conviction, any person tried under sub-section (10) appears voluntarily, or is apprehended and brought before 2[Anti-terrorism Court], and proves to its satisfaction that he did not abscond or conceal himself for the purpose of avoiding the proceeding against him, 2[the Anti-terrorism Court] shall set aside his conviction and proceed to try him in accordance with law for the offence which he is charged: Provided that 2[the Anti-terrorism Court] may exercise its powers under this sub-section in a case in which a person as aforesaid appears before it after the expiration of the said period and satisfies it that he could not appear within the said period by reason of circumstances beyond his control. (13) 3[* * * * * * *] (14) Subject to the other provisions of this Act, 2[an Anti-terrorism Court] shall, for the purpose of trial of any offence, have all the powers of a Court of Sessions and shall try such offence as if it were a Court of Session as far as may be in accordance with the procedure prescribed in the Code for trial before a Court of Sessions.

Effective date: 1997-08-16

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