PESHAWAR, Jan 13: The organisations banned by the government have the legal remedy available to file review applications before the federal government under the Anti-Terrorism Act (ATA), 1997.

Lawyers dealing in criminal cases said under section 11C(1) of the ATA these organisations could file review applications in writing before the federal government within 30 days of the issuance of the order.

They said under the law the government has to decide such applications within 90 days. Moreover, an organisation whose review application has been refused by the government, may file an appeal before the concerned high court within 30 days of the refusal of the review application.

The experts pointed out that for dealing with banning of organisations which were involved in terrorism the government had amended the ATA 1997 last year through Anti-Terrorism (Amendment) Ordinance 2001 (Ordinance No. XXXIX of 2001). After the amendment, an organisation is proscribed if the federal government, having reason to believe that an organisation is concerned in terrorism, by order, lists it in the first schedule.

Under section 11B(2) of ATA, the federal government may, by order, add or remove an organisation from the first schedule or amend it in any other way. Moreover, an organisation can be kept under observation by listing it in the second schedule of the ATA, for a period of six months. That period of observation could be extended by another six months after giving an opportunity of being heard to the organisation concerned.

Legal circles said there were certain steps which were binding on the federal government once it declared any organisation proscribed: the offices of a proscribed organisation shall be sealed; its accounts shall be frozen; all literature, posters, banners or printed, electronic, digital or other material shall be seized; and publication, printing or dissemination of any press statements, press conferences or public utterances by, or on behalf of, or in support of, a proscribed organisation shall be prohibited.

A constitutional expert told Dawn that under Article 17(2) of the Constitution the federal government could declare that a political party had been formed, or was operating, in a manner prejudicial to the sovereignty or integrity of Pakistan. But in that case the government has to refer the matter to the Supreme Court within 15 days of such declaration, therefore, it is convenient for the government to proscribe an organisation under the ATA.

He said in the current case the organisations were banned under the ATA. He added that the president had already made announcement on Aug 14 last year about placing Sipah-i-Sahaba Pakistan and Tehrik Jaffria Pakistan on the observation list and banning Lashkar-i-Jangavi and Sipah-i-Mohammad.