2.  Definitions. In this Act, unless there is anything repugnant in the subject or context,--

(a)        "armed forces" means the Military, Naval and Air Forces of Pakistan and the Reserves of such Forces;

(b)        "civil armed forces" means the Frontier Constabulary, Frontier Corps, Pakistan Coast Guards, Pakistan Rangers or any other civil armed force notified by the Federal Government as such;

(c)        "Code" means the Code of Criminal Procedure, 1898 (Act V of 1898);

[(d)      "child" means a person who at the time of the commission of the offence has not attained the age of the eighteen years;

(e)        "court" means an Anti-terrorism Court established under Section 13;

COMMENTARY

Petitioner a juvenile filed application for forwarding the case to Juvenile Court to his extent. Dismissal by A.T. Court holding that it had jurisdiction to try the case of Juvenile. Challenge to. Establishment of A.T. Court and the presiding officer of that Court are two different tasks to be taken by Government. Reasoning of Judge, A.T. Court that all Addl. & S.J. have been conferred powers of Juvenile Court can be correct but he has not been posted as such to any Juvenile Court. So other essential component of the establishment of Juvenile Court was deficient. As Special Court constituted under Anti-Terrorism Act has not been declared as a Juvenile Court, therefore, even if the powers be vested with Presiding Officer of such Court, he cannot try, entertain and adjudicate the case of a Juvenile. Court did not accept the reasoning advanced for rejection of application of petitioner. Writ Petition accepted, impugned order being illegal and unlawful set aside in circumstances. PLJ 2005 Lahore 971 (DB) = 2005 MLD 1028.

(f)        "explosives" means any bomb, grenade, dynamite, or explosive substance capable of causing an injury to any person or damage to any property and includes any explosive substances as defined in the Explosives Act, 1884 (IV of 1884);

(g)        "fire-arms" means any or all types and gauges of handguns, rifles and shotguns, whether automatic, semi-automatic or bolt action, and shall include all other fire-arms as defined in the Arms Ordinance 1965 (W.P. Ordinance XX of 1965);

(h)        "fine", means a pecuniary amount to be determined by the Court having regard to the facts and circumstances of the case;

(i)         "Government" means the Federal Government or, as the case may be, the Provincial Government;

(j)         "grievous", in relation to bodily injury, means by emasculation, mutilation, incapacitation, disfigurement or severe harm or hurt; and in relation to property, means severe loss, damage or destruction;

(k)        "High Court" means the High Court having territorial jurisdiction in respect of the area for which an Anti-Terrorism Court has been established;

(l)         "hijacking" means any unlawful seizure or exercise of control, or any attempt at unlawful seizure or exercise of control, of an aircraft, by force, violence, threat or any form of obstruction, directly or through any other person, from within or outside the aircraft;

(m)       "hostage-taking" means the holding of a person captive with threats made to kill or harm that person if demands are not met;

(n)        "kidnapping for ransom" means the action of conveying any person from any place, without his consent, or by force compelling or by any deceitful means inducing him, to go from any place, and unlawfully detaining him and demanding or attempting to demand, money, pecuniary or other benefit from him or from another person, as a condition of his release;

(o)        "meeting" means a meeting of two or more persons, whether in public or private;

(p)        "organization" means any group, combination or body of persons acting under a distinctive name ;

(q)        "prescribed organization" means any organization using a name which is listed in the First Schedule under Section 11B;

(r)        "public servant" shall have the same meaning as in Section 21 of the Pakistan Penal Code, 1860, or in any other law for the time being in force;

(s)        "Schedule" means a Schedule to this Act;

(t)        "Scheduled offence" means an offence as set out in the Third Schedule;

(u)        "sectarian" means pertaining to, devoted to, peculiar to, or one which promotes the interest of a religious sect, or sects, in a bigoted or prejudicial manner;

(v)        "sectarian hatred" means hatred against a group of persons defined by reference to religion, religious sect, religious persuasion, or religious belief;

(w)       "serious" means dangerous to life or property;

(x)        "terrorism" or "act of terrorism" has the meaning as assigned to it in Section 6;

(y)        "terrorist" has the meaning as assigned to it in Section 6(5).

(z)        "terrorist investigation" means an investigation of :

(a)        the commission, preparation or instigation of acts of terrorism under this Act;

(b)        an act which appears to have been done for the purposes of terrorism;

(c)        the resources of a prescribed organization;

(d)       the commission, preparation or instigation of an offence under this Act; or

(e)        any other act for which investigation may be necessary for the purposes of this Act.

(aa)      "terrorist property" means:--

(i)         (a)        money or other property which is used or is likely to be used for the purposes of terrorism (including any resources of a prescribed organization);

            (b)        proceeds of the commission of acts of terrorism;

            (c)        proceeds of acts carried out for the purposes of terrorism; and

(ii)        In sub-section (i) above:--

            (a)        a reference to proceeds of an act, includes reference to any property which wholly or partly, and directly or indirectly, represents the proceeds of the act (including payments of other rewards in connection with the commission);

            (b)        a reference to an organization's resources includes a reference to any money or other property which is applied or made available, or is to be applied or made available, for use by the organization, and includes assets of any kind, whether tangible or intangible, movable or immovable, and legal documents or instruments in any form, whether written, electronic or digital, and shares, securities, bonds drafts and letters of credit; and

            (c)        a reference to money includes a reference to any cash which means any coins, notes in any currency, postal orders, money orders, bank credit, travellers' cheques, bank cheques, bankers' drafts, and such other kinds of monetary instruments as the Federal Government may by order specify;

(bb)      "weapon" means any item which can be used to injure or cause bodily harm, and includes any type of fire-arm, explosive, sword, dagger, knuckle-duster, stengun, bomb, grenade, rocket launcher, mortar or any chemical, biological weapon or any other thing which can be used for causing injury, hurt, harm or destruction of person or property, and includes "illicit arms" as defined in the Surrender of Illicit Arms Act, 1991 (XXI of 1991); and

(cc)      all other terms and expressions used but not defined in this Act, shall have the meanings as are assigned to them in the Pakistan Penal Code, 1860, or the Code of Criminal Procedure, 1898.] Subs. by Ordinance, XXXIX of 2001, dated 14th August, 2001; PLJ 2001 Fed. St. 445 = PLD 2002 Cent. St. 107.

COMMENTARY

Wherever a "definition clause" is provided in the statute by the Legislature then the said definition is to be adhered to for the purpose of the said Act and no meaning is to be assigned to any term, experience or word other than provided by the Legislature itself, with the help of Dictionaries or in accordance with the common connotation. (2002 P.Cr.L.J. 1317)

Anti-Terrorism Act, 1997 was a Special Law and provisions contained therein would override provisions of general law. Section 2(d) of Anti-Terrorism Act, 1997 defined the  word  "Child" which related to an accused person who had not attained the age of 18 years whereas Section 2(n) defined kidnapping of any person for ransom without his consent or by force and unlawfully detaining him and demanding pecuniary or other benefit from him as a condition of his release. Definition of "Child" as given in Section 2(d) of the Anti-Terrorism Act, 1997 had no nexus with the age of the abductee. Complaint had been lodged against the accused under Section 365-A PPC which had provided death sentence or imprisonment for life. Allegation against the accused was that the abductee allegedly abducted by accused was of unsound mind. In view of said allegations and legislative intention incorporated in section 2(n) of Anti-Terrorism Act, 1997, Anti-Terrorism Court had exclusive jurisdiction to hold the trial of the accused. (2003 MLD 422)

As Special Court constituted under Anti-Terrorism Act has not been declared as a Juvenile Court, therefore, even if the powers be vested with Presiding Officer of such Court, he cannot try, entertain and adjudicate the case of a Juvenile. Court did not accept the reasoning advanced for rejection of application of petitioner. Impugned order being illegal and unlawful set aside in circumstances. PLJ 2005 Lahore 971 (DB)

Complaint lodged by Respondent against petitioner and his co-accused is u/S. 365-A PPC etc. and according to allegation abductee is of unsound mind. Held: In view of allegations contained in complaint and legislative intention incorporated in S. 2(n) of Anti-Terrorism Act, Anti-Terrorism Court has exclusive jurisdiction to hold trial of accused. PLJ 2002 Cr.C. (Lahore) 1442.

However, if during trial doctor deposes that such injuries were not dangerous to life, accused may seek transfer of case from Anti-Terrorism Court to ordinary Criminal Court. 2005 P.Cr.LJ 624.