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October 15, 2001 Monday Rajab 27, 1422


PESHAWAR: Seven anti-terrorism courts approved for NWFP



By Waseem Ahmad Shah


PESHAWAR, Oct 14: The Finance Division, Islamabad, has given approval for the establishment of seven anti-terrorism courts in NWFP.

It is learnt that on the recommendation of the Chief Justice of Peshawar High Court, Sardar Muhammad Raza Khan, the law division had sent a summary to the Finance Division for sanctioning the creation of anti-terrorism courts in the province.

A notification for the creation of these courts would be issued by the law division within the next couple of days, the source confided.

These courts would be established under the Anti-Terrorism Act 1997. A highly placed source told Dawn that the law division has also sought recommendations from the chief justice of the high court for appointment of suitable persons as under the Anti- Terrorism Act 1997, the presiding officer of the court shall be appointed in consultation with the chief justice of the high court.

Under the ATA 1997, apart from a sessions judge, additional sessions judge and a lawyer having 10 years experience, former sessions and additional sessions judges could also be appointed as presiding officers of the court.

According to the guidelines given by the Supreme Court in Sheikh Liaqat Ali and others case in 1999, the anti- terrorism courts has to be assigned one case at a time and till judgment is announced in such case, no other case be entrusted to it.

The chief justice, Sardar Mohammad Raza Khan had taken up the issue with the provincial government in a high-level meeting held on Sept 1. The said meeting was held in pursuance of the decisions taken in the Chief Justices Committee’s meeting held on Aug 25 in connection with cases of terrorism.

The chief justice was of the opinion that after the recent amendments in the ATA 1997 through the Anti-terrorism (Amendment) Ordinance 2001, promulgated on Aug 14, it had become legally imperative on the government to establish special courts under the said law. The high court believed that for the time being at least seven special courts, one each at the headquarters of the erstwhile divisions, should be established.

Till now in NWFP the respective district and sessions judges have been enjoying powers of special courts under the Suppression of Terrorist Activities (Special Courts) Act 1975, whereas no separate special courts have been established under the ATA 1997.

Before the said amendment the anti-terrorism courts had only been functioning in Punjab and Sindh as the scope of the ATA 1997 was not extended to NWFP and Balochistan.

After the amendment the ATA has now also been applicable to the two provinces.






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