Section 13: Establishment of Anti-terrorism Court

1[13. Establishment of Anti-terrorism Court.___(1) For the purpose of providing for the speedy trial of the cases 2[under this Act] and of scheduled offences, the Federal Government, or if so directed by the Government, the Provincial Government may establish by notification one or more Anti-terrorism Courts in relation to 3[each territorial area as specified by the High Court concerned]. (2) Where more Anti-terrorism courts than one have been established in any area, the Government in consultation with the Chief Justice of the High Court shall 4[designate a judge of any such Court to be an administrative judge] and all cases triable under this Act pertaining to the said area shall be filed before the 4[said court and such judge may either try the case himself] or, assign any case, or cases, for trial to any other anti-terrorism court at any time prior to the framing of the charge. The cases shall be assigned to a court one case at a time”: Provided that in order to ensure that the time of the court is not wasted if for some reason a given case cannot proceed more than one case can be assigned to it at any time or from time to time. (3) In respect of a case assigned to a court under sub-section (2), all orders made or proceedings taken before the assignment shall be deemed to have been made or taken by the court to which the case has been assigned.] 5[(4) Notwithstanding anything contained in sub-section (2) and sub-section (3), the Federal Government, or if so directed by the Government, the Provincial Government shall in addition tothe existing 3[Anti-terrorism Courts] or such other 3[Anti-terrorism courts] as may be established in the area, establish one such additional 3[Anti- terrorism Court] under this Act at the principal seat of 3[each High Court] and appoint a Judge of such High Court as a Judge of 3[Anti-terrorism Court] in consultation with the Chief Justice of the High Court concerned, and where a Judge of a High Court is appointed as a Judge of any area under this Act he shall be the administrative Judge for that area and such administrative Judge may, in addition to the powers exercisable under this Act, either suo moto or on the application of any party, at any stage of the proceedings whether before or after the framing of charge, for sufficient cause including as mentioned in sub-section (1) of section 28, transfer, withdraw orrecall any case pending before any other 3[Anti-terrorism Court] in that area and may either try the case himself or make it over for trial to any other 3[Anti-terrorism Court] in that area. (5) The 3[Anti-terrorism Court] to which a case is transferred or recalled for trial under sub- section (4), shall proceed with the case from the stage at which it was pending immediately before such transfer or recall and it shall not be bound to recall or rehear any witness who has given evidence and may act on the evidence already recorded.]

Effective date: 1997-08-16

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