The Prevention of Terrorism (Repeal) Act, 2004

Summary of the Prevention of Terrorism (Repeal) Act, 2004

Key Provisions

1. Repeal: - Repeals the Prevention of Terrorism Act, 2002.

• Implication: Ceases all provisions under the repealed Act, except as specified in saving clauses.

2. Saving Clauses: - Validity of Past Operations: Actions taken under the repealed Act remain valid.

• Ongoing Proceedings: Investigations, prosecutions, and penalties under the repealed Act continue as if it were still in force.

• Exception to New Prosecutions: No new cognizance of offences under the repealed Act can be taken after one year from the commencement of the Repeal Act.

3. Review Committee: - Continuation: Committee constituted under the repealed Act continues to function.

• Mandate: Review cases to determine if a prima facie case exists against accused individuals.

• Powers: Equipped with powers of a civil court under the Code of Civil Procedure for specific matters.

• Timeline: Must complete reviews within one year from the Repeal Act's commencement.

• Outcome: Cases without prima facie evidence are to have charges withdrawn or investigations closed.

4. Repeal of Related Ordinance: - Repeals the Prevention of Terrorism (Repeal) Ordinance, 2004.

• Saving Clause: Actions taken under the Ordinance before its repeal remain valid.