2. (1)
The Prevention of Terrorism Act, 2002 is hereby repealed.
(2) The repeal of the said
Act shall not affect-
(a) the previous operation
of, or anything duly done or suffered under, the said Act, or
(b) any right, privilege
or obligation or liability acquired, accrued or incurred under
the said Act, or
(c) any penalty, forfeiture
or punishment incurred in respect of any offence under the said
Act, or
(d) any investigation,
legal proceeding or remedy in respect of any such right, privilege,
obligation, liability, penalty, forfeiture or punishment as
aforesaid,
and, any such investigation, legal proceeding
or remedy may be instituted, continued or enforced and any such
penalty, forfeiture or punishment may be imposed as if the said
Act had not been repealed:
Provided that notwithstanding
anything contained in this sub-section or in any other
law for the time being in force, no court shall take cognizance
of an offence under the repealed Act after the expiry of the period
of one year from the commencement of this Ordinance.
(3) Notwithstanding the repeal of section
60 of the said Act, the Review Committee constituted by the Central
Government under sub-section (1) of that section, whether
or not an application under sub-section (4) of that section
has been made, shall review all cases registered under that Act
as to whether there is a prime facie case for proceeding
against the accused thereunder and such review shall be completed
within a period of one year from the commencement of this Ordinance
and where the Review Committee is of the opinion that there is
no prima facie case for proceeding against the accused,
then,-
(a) in cases in which
cognizance has been taken by the court, the cases shall be deemed
to have been withdrawn; and
(b) in cases in which
investigations are pending, the investigations shall be closed
forthwith,
with effect from the date of issuance
of the direction by such Review Committee in this regard.
(4) The Review Committee
constituted by the Central Government under sub-section (1)
of section 60 of the said Act shall, while reviewing cases, have
powers of a civil court under the Code of Civil Procedure, 1908
in respect of the following matters, namely:-
(a) discovery and production of any
document;
(b) requisitioning any
public record or copy thereof from any court or office.
(5) The Central Government
may constitute more Review Committees, as it may consider necessary,
for completing the review within the period specified in sub-section
(3).
President.
|