Act 26 of 2004 : The Prevention of Terrorism (Repeal) Act, 2004

Department
  • Department of Internal Security
Ministry
  • Ministry of Home Affairs
Enforcement Date

2004-09-20T18:30:00.000Z

The Prevention of Terrorism (Repeal) Act, 2004

ACTNO. 26 OF 2004
21 December, 2004

Section 1: Short title and commencement.

(1) This Act may be called the Prevention of Terrorism(Repeal) Act, 2004.

(2) It shall be deemed to have come into force on the 21st day of September, 2004

Section 2: Repeal of Act 15 of 2002 and saving.

(1) The Prevention of Terrorism Act, 2002 (hereinafterreferred to as the principal Act) is hereby repealed.

(2) The repeal of the principal Act shall not affect--

(a) the previous operation of, or anything duly done or suffered under the principal Act, or

(b) any right, privilege or obligation or liability acquired, accrued or incurred under the principalAct, or

(c) any penalty, forfeiture or punishment incurred in respect of any offence under the principalAct, 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continued or enforced and anysuch penalty, forfeiture or punishment may be imposed as if the principal Act had not been repealed:

Provided that notwithstanding anything contained in this sub-section or in any other law for the timebeing in force, no court shall take cognizance of an offence under the principal Act after the expiry of theperiod of one year from the commencement of this Act.

(3) Notwithstanding the repeal of section 60 of the principal Act, the Review Committee constitutedby the Central Government under sub-section (1) of that section, whether or not an application undersub-section (4) of that section has been made, shall review all cases registered under the principal Act asto whether there is a prima facie case for proceeding against the accused thereunder and such review shallbe completed within a period of one year from the commencement of this Act and where the ReviewCommittee 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(a) in cases in which cognizance has been taken by the Court, the cases shall be deemed to havebeen withdrawn; and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 section60 of the principal Act shall, while reviewing cases, have powers of a civil court under the Code of CivilProcedure, 1908 (5 of 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).

Section 3: Repeal and saving.

(1) The Prevention of Terrorism (Repeal) Ordinance, 2004 (Ord. 1 of 2004)is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall bedeemed to have been done or taken under the corresponding provisions of this Act.