Terrorist Affected Areas (Special Courts) Act, 1992

The Terrorist Affected Areas (Special Courts) Act, 1992 lets the Federal Government designate parts of Pakistan as "terrorist affected areas" and set up Special Courts to try serious offences committed there more quickly than ordinary courts. Section 3 allows the government to declare such an area, divide it into one or more "zones," and have the relevant Provincial Government appoint a Magistrate for each zone.

Sections 4 and 5 give police, civil armed forces (defined in Section 2 as including the Pakistan Rangers, Frontier Corps, Pakistan Coast Guards, and Frontier Constabulary), and the appointed Magistrate significant powers within a declared zone -- including ordering people to stop unlawful activity, destroying illicit arms dumps or militant hideouts, and, if orders aren't obeyed after warning, using force "even to the extent of causing death" to secure compliance, make arrests, or search premises without a warrant. If a Magistrate cannot be reached, a police officer of at least Sub-Inspector rank (or an equivalent civil armed forces officer) can exercise similar emergency powers, but must report to the Magistrate as soon as practicable afterward.

Sections 6-9 establish the Special Courts themselves: each is presided over by a judge who is, has been, or is qualified to be a High Court judge, appointed after consultation with the Chief Justice, and Special Courts have exclusive jurisdiction over "scheduled offences" committed within their zone. The Schedule lists these offences, which include serious Pakistan Penal Code crimes such as waging war against the state (Sections 121-124A), murder, kidnapping, and abduction, as well as offences under the Telegraph Act, Railways Act, Explosive Substances Act, Arms Act, and the Surrender of Illicit Arms Act, 1991.

Section 25 creates a legal presumption: if someone was present at a location from which firearms or explosives were used to attack security forces, it is presumed -- unless they can show otherwise -- that they committed the offence. Section 26 gives these courts contempt powers, including rigorous imprisonment of up to one year plus a fine for interfering with court proceedings or disobeying its orders. Section 27 shields people acting in good faith under the Act from being sued or prosecuted for their actions.

This law dates from 1992, before Pakistan's more well-known Anti-Terrorism Act, 1997, and its provisions -- including the offences it covers and its relationship to later anti-terrorism legislation -- should be checked against current law, since counter-terrorism legal machinery in Pakistan has evolved considerably since it was passed.