An Act to amend the Prevention of Terrorism Act, 2002.
BE it enacted by Parliament in the Fifty-fourth Year of the Republic of
India as follows:-
1.
Short title and commencement.
1. Short title and commencement.-(1) This Act may be called the
Prevention of Terrorism (Amendment) Act, 2003.
(2) It shall be deemed to have come into force on the 27th day of
October, 2003.
2.
Amendment of section 60.
2. Amendment of section 60.-In section 60 of the Prevention of
Terrorism Act, 2003 (15 of 2002), after sub-section (3), the following
sub-sections shall be inserted, namely:-
“(4) Without prejudice to the other provisions of this Act, any Review
Committee constituted under sub-section (1) shall, on an application by
any aggrieved person, review whether there is a prima facie for
proceeding against the accused under this Act and issue directions
accordingly.
(5) Any direction issued under sub-section (4),-
(i) by the Review Committee constituted by the Central Government,
shall be binding on the Central Government, the State Government and
the police officer investigating the offence; and
(ii) by the Review Committee constituted by the State Government, shall
be binding on the State Government and the police officer investigating
the offence.
(6) Where the reviews under sub-section (4) relating to the same
offence under this Act, have been made by a Review Committee
constituted by the Central Government and a Review Committee
constituted by the State Government, under sub-section (1), any
direction issued by the Review Committee constituted by the Central
Government shall prevail.
(7) Where any Review Committee constituted under sub-section (1) is of
opinion that there is no prima facie case for proceeding against the
accused and issues directions under sub-section (4), then, the
proceedings pending against the accused shall be deemed to have been
withdrawn from the date of such direction.”.
3.
Repeal and saving.
3. Repeal and saving.-(1) The Prevention of Terrorism (Amendment)
Ordinance, 2003 (Ord. 4 of 2003), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken
under the Prevention of Terrorism Act, 2002 (15 of 2002), as amended by
the said Ordinance, shall be deemed to have been done or taken under
the said Act, as amended by this Act.