Section 39B: Repeal and savings

1[39B. Repeal and Savings.__ (1) The Suppression of Terrorist Activities (Special Courts) Act, 1975, (XV of 1975) is hereby repealed. (2) Notwithstanding the repeal of the Suppression of Terrorist Activities (Special Courts) Act, 1975, (XV of 1975) and the amendments of the Anti-terrorism Act, 1997 (XXVII of 1997), by the Anti- terrorism (Amendment) Ordinance, 2001— (a) every order, decision or judgment passed by any Anti-terrorism Court constituted under this Act or Special Court constituted under the Suppression of Terrorist Activities (Special Courts) Act, 1975, or any Appellate Court before such repeal or amendment shall remain in force and operative and the repeal or amendment shall not affect the previous operation of the law or any thing duly done or suffered or punishment incurred thereunder; (b) every case, appeal and legal proceedings whatsoever filed or pending before any court under the Suppression of Terrorist Activities (Special Courts) Act 1975, including the High Court and the Supreme Court shall continue to be proceeded with in accordance with law before the concerned court of competent jurisdiction, including the court established under this Act, and all orders passed, decisions made and judgments delivered whether in the past or which may be made delivered hereafter by such concerned court whether original, appellate or revisional, shall be deemed to have been validly and competently made. (c) all convictions made, punishments or sentences awarded by the Anti-terrorism Court or Special Court or an Appellate Court before such repeal or amendment shall be executed as if the said Acts were in force; (d) any investigation or inquiry under this Act or the Suppression of Terrorists Activities (Special Courts) Act, 1975 made or instituted before the commencement of the Anti-terrorism (Amendment) Ordinance, 2001, shall continue to be made and proceeded with in accordance with law; (e) all cases pending before the Anti-terrorism Court or Special Court immediately before the commencement of the Anti-terrorism (Amendment) Ordinance, 2001, if not covered by this Act or clauses (a) and (b) above, shall stand transferred to the respective Courts of Sessions of the area or such other courts of competent jurisdiction where the cases were registered against the accused and such courts shall proceed with the cases from the stage at which they were pending, without the necessity of recalling any witnesses; and (f) the Court of Sessions or, as the case may be, any other court to which a case has been transferred from the Anti-terrorism Court or a Special Court under clause (d) shall try it in accordance with the provisions of the Code of Criminal Procedure, 1898 (Act V of 1898), and the law applicable to such case.]

Effective date: 1997-08-16

Related sections