ISLAMABAD, Jan 31: The federal government amended on Thursday anti-terrorism law providing that a three-member anti-terrorism court (ATC) would consist of a judge, a magistrate and an army officer not below the rank of Lieutenant Colonel.

The amendment has been introduced by the military government on the pretext that existing anti-terrorism courts (ATCs) were not delivering the results. Such courts would cease to exist on Nov 30, 2002.

The amended ordinance promulgated by President Gen Pervez Musharraf, titled as Anti-Terrorism (Amendment) Ordinance 2002, has come into effect on Thursday.

Under the amended ordinance, the ATC would be headed by a judge who worked either as a judge of a high court or a sessions judge or additional sessions judge.

The second member of the ATC would be judicial magistrate first class, vested with powers under Section 30 of the Code of Criminal Procedure.

The third member of the ATC would be an officer from the Pakistan Army, not below the rank of Lt-Col, to be nominated by the federal government. The earlier two members would be appointed in consultation with the Chief Justice of the High Court.

The Supreme Court Bar Association condemned the government plan of appointing military officers as members of the anti-terrorism courts, warning that the lawyers community would strongly oppose the establishment of such courts.

“The executive committee (of the SCBA) is of the considered view that the military court or any court with the participation of military personnel therein are unconstitutional,” the SC Bar Association President Hamid Khan said on Wednesday.

The association had demanded of the federal and provincial governments to strictly follow the guidelines laid down by the Supreme Court of Pakistan regarding anti-terrorism courts in Liaquat Hussain’s case.

The SC had declared in Liaquat Hussain case that the establishment of military courts for the trial of civilian was unconstitutional.

The Chief Justices Committee on Tuesday had also opposed such ATCs and had released a list of government’s failures in supporting the anti-terrorism courts.

The amended law provides that in case of difference of opinion amongst the members of the court, decision of the majority would prevail.

The ATC has the jurisdiction to try cases of kidnapping for ransom, hostage taking or hijacking, inciting hatred on religious, sectarian or ethnic basis and award all kind of sentences, including death sentence.

All the existing ATCs have been abolished from Thursday. All the cases pending before these courts have been transferred and assigned to the reconstituted ATCs.

The law also provides that any person who is training people in acts of terrorism can be tried by these courts.

The law provides that courts could be established in cantonment areas.

All the offences under the amended ordinance, except the offences whose investigation have already been completed and final report has been submitted under Section 173 of the CrPC, shall be investigated by a joint investigation team which shall comprise a police officer, not below the rank of an Inspector, and officer of any other investigating agency, including the intelligence agency, whom the federal government or the provincial government may nominate for the purpose.

The joint investigation team shall complete the investigation within seven working days, and forward its investigation directly to the anti-terrorism court.