LAHORE, July 12: Anti-terrorism courts are not competent under the law to hear cases of rape or gang-rape following amendments in the Anti Terrorism Act, 1997, introduced by the government on August 14 last year, taking away powers of these courts to hear such cases.

The Meerwala gang-rape trial, however, is proposed to start at the Muzzafargarh ATA court, by July 18 on the orders of the Law Department on the pretext that it had “caused terror and panic among people.”

Punjab Anti Terrorism Cell chief prosecutor Asghar Gill, who has been directed by the government to monitor proceedings of the trial before the ATC, acknowledged on Friday that the ATCs “are no more competent to hear gang-rape cases following the amendments.” Under the amended law all cases of rape, gang-rape or theft were transferred to the sessions courts.

The amendments confined jurisdiction of the ATCs to cases involving sectarian violence, murder, shootout with the police and blasphemy.

Defending the government decision to try the Meerwala gang-rape case by an ATC, Mr Gill maintained that this “particular offence is triable under the ATA because it had caused extreme panic and terror among people.”

Asked how the police would frame charges against the accused in the challan prepared under the ATA that does not allow the trial of a gang-rape case, Gill said they would simply be charged with the crime under Section 6 of the ATA. “People have been terrorized by the incident, so the challan can be prepared under this section” he said.

According to Section 6, an offence would be covered by ATA if it involved: “doing of anything that causes death, grievous violence against a person resulting in severe injury, grievous damage to property, abduction for ransom, hostage taking, hijacking, incitation of hatred and contempt on religious, sectarian or ethnic basis to stir up violence, stoning, brick-batting or any form of mischief to spread panic, firing on religious parties’ congregations, mosques, Imambargahs, churches, temples and all other places of worship, creating threat and panic among the public to stop them from carrying out their daily life business, burning of vehicles or any other form of arson, extortion of money (bhatta), serious violence against a member of police force, armed forces, civil armed forces or a public servant.”

When contacted, Law Minister Rana Ejaz Ahmad Khan, who had issued the orders for the trial under directives by Governor Lt-Gen Khalid Maqbool (retired), expressed ignorance about the amendment. “Well, that is news to me. I have myself pleaded gang-rape cases before the ATC three to four years ago,” he said.

When told about Mr Gill’s acknowledgment he said he would “look into” the matter again. “Well, if the ATCs cannot hear the case following that amendment, let the defence raise an objection on this ground.”

Former ATC judge Chaudhry MS Shad was of the opinion that there was no way an ATC could hold a gang-rape trial since the law itself had abolished the jurisdiction of these courts to this effect. “It is self-explanatory. I was an ATC judge when the amendment came last year. We were asked to send all the cases to the sessions court which we did forthwith.” If the challan was submitted to the ATC and the court convicted the accused, he said, the high court would set aside the judgment on the grounds that the court had no jurisdiction to hear the case.