(9) 1[An Antiterrorism Court] shall not merely by reason of a change in its composition or transfer of a
case under subsection (3) of section 12, be bound to recall and rehear any witness who has given evidence
and may act on the evidence already recorded.
2(10) Any accused person may be tried in his absence if the 1[Antiterrorism Court] after such inquiry as it
deems fit, is satisfied that such absence is deliberate and brought about with a view to impending the course, of
justice:
Provided that the accused person shall not be tried under this subsection unless a proclamation has been
published in respect of him in at least 3[in one daily newspaper including Sindhi language] requiring him to
appear at a specified place within seven days failing which action may also be taken against him under section
88 of the Code:
Provided further that the Court shall proceed with the trial after taking the necessary steps to appoint an
advocate at the expense of the State to defend the accused person who is not before the Court.
Explanation. An accused who is tried in his absence under this subsection shall be deemed not to have
admitted the commission of any offence for which he has been charged.
(11) The advocate appointed under the second proviso to subsection (10) shall be a person selected by
the 4[Antiterrorism Court] for the purpose and he shall be engaged at the expense of the Government.
4[(11A) Nothing contained in subsection (10) or subsection (11) shall be construed to deny the accused
the right to consult or be defended by a legal practitioner of his own choice.]
(12) If, within sixty days from the date of his conviction, any person tried under subsection (10) appears
voluntarily, or is apprehended and brought before the 2[Antiterrorism Court] and proves to its satisfaction that
he did not abscond or conceal himself for the purpose of avoiding the proceeding against him, the 2[Anti
terrorism Court] shall set aside his conviction and proceed to try him in accordance with law for the offence
which he is charged:
Provided that the 4[Antiterrorism Court] may exercise its powers under this subsection in a case in which
a person as aforesaid appears before it after the expiration of the said period and satisfies it that he could not
appear within the said period by reason of circumstances beyond his control.
5* * * * * * *
(14) Subject to the other provisions of this Act, 2[an Antiterrorism Court] shall, for the purpose of trial of any
offence, have all the powers of a Court of Sessions and shall try such offence as if it were a Court of Session
as far as��may be in accordance with the procedure prescribed in the Code for trial before a Court of Session.
3[19A. Mode of making searches and arrest. The provisions of the Code, except that of section 103,
shall mutatis mutandis, apply to all searches and arrest by police officer and an officer of equivalent rank of
the law enforcement agencies made under this Act.]
1 Subs. by Ord. No. XIII of 1999, s.2.
2 Subs. by Ord. No. XIII of 1999, s.3.
3 Subs. and ins. by Act No. XX of 2013, ss. 12 &13.
4 Subs. by Ord. No. XIII of 1999, s.2 and 13.
5 Omitted by Ord. No. XXXIX of 2001, s.9.
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