Section 12: Jurisdiction of Anti-terrorism Court

12. Jurisdiction of 2[Anti-terrorism Court]. — (1) Notwithstanding anything contained in the Code or in any other law, a scheduled offence committed in an area in a Province 3[or the Islamabad Capital Territory] shall be triable only by the 2[Anti-terrorism Court] exercising territorial jurisdiction in relation to such area. (2) Notwithstanding anything contained in sub-section (1), if, in respect of a case involving a scheduled offence committed in any area, the Government, having regard to the facts and circumstances of the case, is satisfied that in order to ensure a fair trial, or for the protection and safety of witnesses, that such offence should be tried by 2[an Anti-terrorism Court] established in relation to any other area, the Government may make a declaration to that effect. Explanation. __ Where 2[an Anti-terrorism Court] is established in relation to two or more areas, such 2[Anti-terrorism Court] shall be deemed, for the purpose of this sub-section, to have been established in relation to each of such areas. (3) Where a declaration is made in respect of an offence committed in an area in a Province 3[or the Islamabad Capital Territory], any prosecution in respect of such offence shall be instituted only in the 2[Anti-terrorism Court] established in relation to such area, and, if any prosecution in respect of such offence is pending immediately before such declaration in any other court, the same shall stand transferred to such 2[Anti-terrorism Court] and such 2[Anti-terrorism Court] shall proceed with such case from the stage at which it was pending at the time without the necessity of recalling any witnesses.

Effective date: 1997-08-16

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