ISLAMABAD: The Ministry of Interior has proposed amendments to Anti-Terrorism Act (ATA), 1997 and Code of Criminal Procedure (CRPC), 1989 aimed at making the laws stricter for those involved in terrorism activities and using techniques like undercover operations.
Official sources told Business Recorder that Anti-Terrorism Act 1997 is dealing with prevention of terrorism and for the matters connected to it. It is a federal law whose implementation is carried out by the provincial governments, law enforcing agencies i.e. Police, Counter Terrorism Departments and FIA.
In order to enhance the effectiveness of the implementation of the orders passed by the federal government under the said Act and the United Nations (Security Council) Act, 1948( XIV of 1948), some amendments are considered essential in the Anti-Terrorism Act, 1997.
Ministry of Interior is of the view that the scope of the application of the penalties needs to be extended to those who are involved in terrorism in any manner outside the boundaries of the country.
In addition, Interior Ministry considered essential to match the penalties, fines and restrictions for same kind of actions/offences and to provide legal powers to the law enforcing agencies for speedy trial and disposal of cases. Furthermore, the facilities required for meeting the necessary expenses through exemptions are also required to be incorporated in detail.
Apart from this, the forfeiture of property of equivalent value is necessary to be incorporated in the law as in case of sale or disposal of actual case property being proceeded of crime.
A series of meetings were held with different stakeholders including Provincial Home Departments, CTDs and FIA to finalize the amendments according to which no bank or financial institution or any other entity providing financial support shall provide any loan facility or financial support to proscribed person or issue credit cards to proscribed person(s). The arm licences, if already issued, shall be deemed to have been cancelled and the arms shall be deposited forthwith in the nearest police station, failing which such arms shall be confiscated and the holder of such arms shall be liable for the punishment provided under the Pakistan Arms Ordinance, 1965. No fresh licence shall be issued to such person for any kind of weapons.
In the Act, in section 1100, in sub-section (1) for the expression, " required for meeting necessary medical and educational expenses and for subsistence allowance,", the expression "basic expenses, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges, or exclusively for payment or reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services, or fees or service charges for routine holding or maintenance of frozen funds or other financial assets or economic resources or such money as may be required for meeting extraordinary expenses," shall be substituted.
In the Act, in section 11Q, after sub-section (6), the following new sub-section shall be inserted, namely; (6A) where the court is satisfied that property subject to forfeiture under this section cannot be identified or located, or readily be subjected to the jurisdiction of the court, it may order the forfeiture of any other property of the accused, of an equivalent value to the property subject to forfeiture which identified or located in another jurisdiction.
Amendment in the Act, in section 21 EE has also been proposed which says ;(i) in sub- section (1) in clause(d) for the words" with the permission of the Anti-terrorism court" the words" with the permission of Deputy Inspector General or any other officer of equivalent rank" shall be substituted; and (ii) in sub-section (3), for the expression" two years or with fine may extend to Rs 0.1 million or with both", the expression " three years or with fine which may extend to Rs 1 million in case of an individual and Rs 10 million in case of a legal person or with both" shall be substituted.
Amendments in Code of Criminal Procedure (CRPC), 1989, according to which the investigating officer, may with the permission of the court, within 60 days of receiving of such permission, use techniques including but not limited to undercover operations, intercepting communications, assessing computer system and controlled delivery as provided in the rules for investigation of offences of money laundering, associated predicate offence and financing of terrorism under the law in force. The period of 60 days may be extended up to further 60 days by the court on the request made to it in writing. The court may grant extension if it is satisfied on the basis of situation with the reason given in the written request. The provision of this sub-section shall be in addition to and not in derogation or another law for the time being in force.
Amendment of section 265-E, Act of 1898 - in the said code, in section 265-E, after sub-section(2) of the following new sub-section shall be added, namely :-(3) if an accused of an offence pleads guilty any other person accepts his involvement in commission of an offence under any law in force, the court may accept voluntary surrender of the property used or intended to be used in the commission of such offence including the gains made in any form there on, or any other property of an equivalent value of such accused or any other person. The provisions of this sub-section shall be in additions to and not in derogation of, any other law for the time being in force,".
Copyright Business Recorder, 2020
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