Provided that in order to ensure that the time of the court is not wasted if for some reason a given
case cannot proceed more than one case can be assigned to it at any time or from time to time.
(3) In respect of a case assigned to a court under subsection (2), all orders made or proceedings
taken before the assignment shall be deemed to have been made or taken by the court to which the
case has been assigned.]
1[(4) Notwithstanding anything contained in subsection (2) and subsection (3), the Federal
Government or if so directed by the Government, the Provincial Government shall in addition to the
existing 2[Antiterrorism Courts] or such other Antiterrorism courts as may be established in the
area, establish one such additional 2[Antiterrorism Court] under this Act at the principal seat of
2[each High Court] and appoint a Judge of such High Court as a Judge of 2[Antiterrorism Court] in
consultation with the Chief Justice of the High Court concerned, and where a Judge of a High Court
is appointed as a Judge of any area under this Act he shall be the administrative Judge for that area
and such administrative Judge may, in addition to the powers exercisable under this Act, either suo
moto or on the application of any party, at any stage of the proceedings whether before or after the
framing of charge, for sufficient cause including as mentioned in subsection (1) of section 28,
transfer, withdraw or recall any case pending before any other 2[Antiterrorism Court] in that area
and may either try the case himself or make it over for trial to any other 2[Antiterrorism Court] in
that area.
(5) The 2[Antiterrorism Court] to which a case is transferred or recalled for trial under sub
section (4), shall proceed with the case from the stage at which it was pending immediately before
such transfer or recall and it shall not be bound to recall or rehear any witness who has given
evidence and may act on the evidence already recorded.]
3[14. Composition and appointment of presiding officers of Antiterrorism Courts. (1) An
Antiterrorism Courts shall consist of a Judge, being a person who
(i) is a Judge of a High Court, or is or has been a Sessions Judge or an Additional Sessions
Judge; or
(ii) is a Judicial Magistrate First Class vested with powers under section 30 of the Code; or
(iii) has for a period of not less than ten years been an advocate of a High Court.
(2) The Federal Government or the Provincial Government, if directed by the Federal
Government to establish a court under this Act, shall, after consultation with the Chief Justice of the
High Court, appoint a Judge of each court.
1 New SubSections (4) and (5) added by the Antiterrorism (Third Amdt) Ordinance, 1999 (20 of 1999), s.2.
2 Subs. by the Ordinance No. 6 of 2002, s. 2 for “Special Courts”.
3 Subs. and shall be deemed to have always been so subs, by the Antiterrorism (Second Amdt.) Ordinance, 2002 (134 of 2002).
Page 27 of 50