Chitral Today
Latest Updates and Breaking News

ATA 1997 – placing a person on watch list

ATA 1997 is an anti-terror law under which the federal government may, by order published in the official Gazette, list a person as a proscribed person in the fourth Schedule on an ex-parte basis, if there are reasonable grounds to
believe that such person is—
(a) concerned in terrorism;
(b) an activist, office bearer on an associate of an organization kept under observation under
section 11D or proscribed under section 11B; and
(c) in any way concerned or suspected to be concerned with such organization or affiliated
with any group or organization suspected to be involved in terrorism or sectarianism or
acting on behalf of, or at the direction of, any person or organization proscribed under
ATA 1997.
Explanation: The opinion concerning reasonable grounds to believe may be formed on
the basis of information received from any credible source, whether domestic of foreign
including governmental and regulatory authorities, law enforcement agencies, financial
intelligence units, banks and on-banking companies and international institutions.]
1[(1A) The grounds shall be communicated to the proscribed person within three days of the
passing of the order of proscription.]
(2) Where a person’s name is listed in the Fourth Schedule, the Federal 1* * * as the case
may be, with out prejudice to any other action which may lie against such person under this Act or any
other law for the time being in force, may take following actions and exercise following powers, namely:-
(a) require such person to execute a bond with one or more sureties to the
satisfaction of the District Police Officer in the territorial limits of which the said
person ordinarily resides, or carries on business, for this good behaviour and not
involve in any act of terrorism or in any manner advance the objectives of the
organization referred to sub-section (1) for such period not exceeding three years
and in such amount as may be specified:

Under ATA 1997 provided that where he fails to execute the bond or cannot produce a
surety or sureties to the satisfaction of the District Police Officer order him to be
detained and produced within twenty-four hours before a court which shall order
him to be detained in prison until he executes the bond or until a satisfactory
surety or sureties if required, are available or, failing that the term of the order
under clause (a) expires:
Provided further that where he is a minor, the bond executed by a surety
or sureties only may be accepted;
Under ATA 1997 1Subs. ins. and Omitted by Act VII of 2014, s.8.
(b) require any such person to seek prior permission from the officer incharge of the
Police Station of the concerned area before moving from his permanent place of
residence for any period of time and to keep him informed about the place he
would be visiting and the persons, he would be meeting during the stay;
(c) require:-
(i) that his movements to be restricted to any place or area specified in the
(ii) him to report himself at such times and places and in such mode as may
be specified in the order;
(iii) him to comply with both the direction; and
(iv) that he shall not reside within areas specified in the order;
(d) direct that he shall not visit or go within surroundings specified in the order
including any of the under mentioned places, without the written permission of
the officer incharge of the Police Station with in whose jurisdiction such place is
situated, namely:-
(i) schools, colleges and other institutions where person under twenty-one
years of age or women are given education or other training or are
housed permanently or temporarily;
(ii) theatres, cinemas, fairs, amusement parks, hotels, clubs, restaurants, tea
shops and other place of public entertainment or resort;
(iii) airports, railway stations, bus stands, telephone exchanges, television
stations, radio stations and other such places;
(iv) public or private parks and gardens and public or private playing fields;
(v) the scene of any public meeting or procession of any assemblage of the
public whether in an enclosed place or otherwise in connection with any
public event festival or other celebrations;
(e) check and probe the assets of such persons or their immediate family members
i.e. parents, wives and children through police or any other Government agency,
which shell exercise the power as are available to it under the relevant law for the
purposes of the investigation, to ascertain whether assets and sources of income
are legitimate and are being spent on lawful objectives:
Provided that no order under clause (d) or (e) above shall be made
operative for a period of more than three years; and
(f) monitor and keep surveillance over the activities of such person through police or
any other Government agency or any person or authority designated for the
1[(3) Where any person is aggrieved by the order of the Federal Government made under sub- section (1) of ATA 1997, he may, within thirty days of such order, file a review application, in writing, before the
Federal Government stating the grounds on which it is made and the Government shall, after hearing the
applicant, decide the matter on reasonable grounds within ninety days.]
1[(3A) A person whose review application has been refused under sub-section (3) may file and
appeal to the High Court within thirty days of the refusal of the review application.]
(4) Any person who violates and direction or order of the Federal 1* * * or any terms of bond
referred to in sub-section (2), shall be punishable with imprisonment of either description for a term which may
extend to three years, or with fine, or with both.]
2[11EEE, ATA 1997, Powers to arrest and detain suspected persons.- (1) Government if satisfied that with a
review to prevent any person whose name is included in the list referred to section 11EE, it is necessary so to do, may, by order in writing, directed to arrest and detain, in such custody as may be satisfied, such person for such period as may be specified in the order, and Government if satisfied that for the aforesaid reasons it is necessary so to do, may, under ATA 1997 extend from time to time the period of such detention for a total period not exceeding twelve months.
(2) The provisions of Article 10 of the Constitution of the Islamic Republic of Pakistan shall mutatis
mutandis apply to the arrest and detention of a person ordered under sub-section (1).]
1Subs. ins. and omitted by Act, 2014 (VII of 2014.) s. 8. 2
Ins. by Ordinance 12 of 2002. s.3.

You might also like

Leave a comment

error: Content is protected!!