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Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "f5d67f9cb54fd55878e4e03c29b498af865677de96f846308d32ea27ccee5de2", "source_sha256": "f5d67f9cb54fd55878e4e03c29b498af865677de96f846308d32ea27ccee5de2", "text_version_id": "law:pk-code-684ec094b9485e6b:sha256:f5d67f9cb54fd55878e4e03c29b498af865677de96f846308d32ea27ccee5de2", "quality_flags": [], "encoding": "UTF-8", "text": "Page 1 of 16 \r\n \r\n \r\n \r\n \r\n \r\nTHE INVESTIGATION FOR FAIR TRIAL ACT, 2013 \r\n \r\n \r\n \r\n \r\nCONTENTS \r\n1. Short title, extent, and commencement. \r\n2. Application. \r\nCHAPTER 1 \r\nDEFINITIONS \r\n3. Definitions \r\nCHAPTER-2 \r\nAPPLICATION FOR WARRANT \r\n4. Notification of authorized officer. \r\n5. Record of Suspicious Conduct. \r\n6. Material to be placed before the Minister. \r\n7. Action by the Minister on the material presented to him. \r\n8. Application for issuance of warrant. \r\nCHAPTER-3 \r\nISSUE OF WARRANTS \r\n9. Judge to issue warrant in Chambers. \r\n10. Considerations for issuance of warrant. \r\n11. Issuance of warrant of surveillance or interception. \r\n12. Form of the warrant. \r\n13. Record of the orders. \r\n14. Duration of warrant of interception. \r\n15. Sanction in case of arbitrary request for warrant. \r\nCHAPTER-4 \r\nEXECUTION OF WARRANTS \r\n16. Authorization under the warrant. \r\n \r\n\r\n \r\nPage 2 of 16 \r\n \r\n17. Method of executing the Warrant. \r\n18. Indemnity for service provider. \r\n19. Immunity service provider. \r\n20. Service provider to cooperate. \r\n21. Service provider to ensure confidentiality. \r\nCHAPTER-5 \r\n ADMISSIBILITY OF MATERIAL OBTAINED UNDER THE WARRANT \r\n22. Registration of case. \r\n23. Admissibility of warrant based information. \r\n24. Presumption of validity of warrant. \r\n25. Report of expert. \r\n26. Non-discloser. \r\nCHAPTER-6 \r\n REVIEW AND OVERSIGHT \r\n27. Oversight by Review Committee. \r\n28. Representation. \r\n29. Complaints against misuse of warrant. \r\n30. Powers of the Judge. \r\nCHAPTER 7 \r\nMUTUAL LEGAL ASSISTANCE \r\n31. Warrants to be served outside Pakistan. \r\n32. Warrants received from outside Pakistan. \r\nCHAPTER 8 \r\nCONFIDENTIALITY OF PROCEEDINGS \r\n33. Confidentiality of proceedings. \r\n34. Prohibition of misuse of intercepted material. \r\n35. Unauthorized surveillance or interception. \r\nCHAPTER 9 \r\nMISCELLANEOUS \r\n36. Power to make rules, issue guidelines and orders. \r\n37. Power to amend the Schedule. \r\n38. Act to have effect notwithstanding existing laws. \r\n39. Removal of difficulty. \r\n \r\n \r\n \r\nPage 3 of 16 \r\n \r\nTHE INVESTIGATION FOR FAIR TRIAL ACT, 2013 \r\nACT NO. I OF 2013 \r\n[20th February, 2013] \r\nAn Act to provide for investigation for collection of evidence by means of modern techniques and \r\ndevices to prevent and effectively deal with scheduled offences and to regulate the powers of the law \r\nenforcement and intelligence agencies and for matters connected therewith or ancillary thereto \r\nWHEREAS in order to prevent the law enforcement and intelligence agencies from using their \r\npowers arbitrarily it is necessary regulate th e said powers and provide for their permissible and fair \r\nuses in accordance with law and under proper executive and judicial oversight; \r\nAND WHEREAS further being mindful that the existing laws neither comprehensively provide \r\nfor nor specifically regulate advance and modern investigative techniques such as covert surveillance \r\nand human intelligence, property interference, wire tapping and communication interception that are \r\nused extensively in other jurisdictions to su ccessfully prevent the offences and as a n indispensable \r\naid to the law enforcement and administration of justice; \r\nAND WHEREAS in order to neutralize and prevent the threat or any attempt to carry out \r\nscheduled offenses it is necessary that the law enforcem ent and other ag encies be given certain \r\nspecific authorizations to obtain evidence in time and only in accordance with law; \r\n AND WHEREAS it is also in order to declare the admissibility and use of the material obtained \r\nduring lawful investigation under the present law, in judicial proceedings an d all other legal \r\nproceedings or processes to ensure fair trial: \r\nIt is hereby enacted as follows:⸻ \r\n 1. Short title, extent and commencement. ___ (1) This Act may be called the Investigation \r\nfor Fair Trial Act, 2013. \r\n(2) It extends to the whole of Pakistan. \r\n(3) It shall come into force at once. \r\n 2. Application. — (1) The provisions of this Act shall apply to___ \r\n(a) all citizens of Pakistan within or outside Pakistan; \r\n(b) all persons within Pakistan or on boar d on any ship or aircraf t registered in \r\nPakistan wherever it may be; and \r\n(c) all transactions or communications originated or concluded within Pakistan or \r\noriginated or concluded outside Pakistan by any person. \r\n \r\nPage 4 of 16 \r\n \r\n (2) Any person liable for investigation under the provisions of this Act for a scheduled \r\noffence committed partly or fully outside Pakistan shall be dealt with according to the provisions of \r\nthis Act in the same manner as if such an offence had been committed within Pakistan. \r\nCHAPTER 1 \r\nDEFINITIONS \r\n 3. Definitions. ___ In this Act, unless there is anything repugnant in the subject or context,___ \r\n(a) “applicant” means, Directorate General Inter Services Intelligence, the three \r\nServices Intelligence Agencies, Intelligence Bureau and Police; \r\n(b) “authorized officer ”, means any officer not below the rank of BPS -20 or \r\nequivalent who is working with the applicant and is notified under Section 4 to \r\nrepresent the applicant when making application or taking up any proceedings \r\nunder this Act; \r\n(c) “competent authority” includes the Judge; \r\n(d) “Court” means the High Court; \r\n(e) “Designated Agency or Body ” means any one or more Agency or Body \r\ndesignated by the Federal Government through notification for the purposes of \r\nthis Act, having capability for implementing warrant of interception; \r\n(f) “expert”, means a person qualified or trained or experienced in conducting \r\nsurveillance or interception who is nominated by the applicant or the Federal \r\nGovernment as an expert for analysis of the intercepted materials; \r\n(g) “Intercepted material ” means evidenc e collected under Section 17 and will \r\nrefer,-- \r\n(i) for the purposes of `Surveillance” to include,___ \r\n(a) data, information or material in any documented form, whether \r\nwritten, through audio visual device, CCTV, still photography, \r\nobservation or any other mode of modem devices or techniques \r\nobtained under this Act; and \r\n(b) documents, papers, pamphlets, booklets; and \r\n(ii) for the purposes of `In terception” to, include -mails, SMS, IPDR \r\n(internet protocol detail record) or CDR (cell de tail record) and any \r\nform of computer based or cell phone based communication and voice \r\nanalysis. It also includes any means of communication using wired or \r\nwireless or IP (internet protocol) based media or gadgetry; \r\n(h) “Judge” means a Judge of the High Court; \r\n \r\nPage 5 of 16 \r\n \r\n(i) “Minister” means the Federal Minister for Interior; \r\n(j) “Register” means the register maintained under subsection (2) of Section 9 by \r\nthe Judge, containing t he serial number of the file received by the Judge in \r\nChambers which has been returned to the applicant for safe custody, and the \r\nregister shall also contain name, contact, address of the authorized person and \r\nthe applicant; \r\n(k) “Suspect” means a person in respect of whom there is a suspicion that he may \r\nbe involved in any scheduled offence and includes foreigners and groups as \r\nwell as organizations; \r\n(l) “Schedule” means schedule to this Act; \r\n(m) “Scheduled offence” means an offence specified in schedule I; \r\n(n) “Service provider ” means any person, entity or company related to any \r\nequipment, technology, data, circumstances that given it ability or power or \r\ncontrol to implement the warrants issued under Sections 11 and 21; \r\n(p) “Warrant” means warrant of surveillance or interception, and include s warrant \r\nissued under Sections 11 whereby the applicant is allowed by the Judge to \r\ncollect evidence through interception, recording through audio or video or any \r\nmeans of communication or surveillance of movements and actions through \r\nminimum interference in property and privacy of any person including human \r\nintelligence. \r\nCHAPTER-2 \r\nAPPLICATION FOR WARRANT \r\n 4. Notification of authorized officer. ____ The applicant shall, before making an appl ication, \r\nfirst notify an appropriate officer not below BPS -20or equi valent, duly authorized by him to \r\nrepresent the said applicant for making an application under this Act. \r\n 5. Record of Suspicious Conduct. ___ In case where any official of an applicant has reasons \r\nto believe that any person is likely to be associated with or is beginning to get associated with, any \r\nact leading to a scheduled offence, or is in the process of beginning to plan such an act, or is \r\nindulging in such a conduct or activity that ar ises suspicion that he is likely to plan or attempt to \r\ncommit any sc heduled offence and, therefore, it may be necessary to obtain warrant of surveillance \r\nor interception, he shall prepare a report thereof with supporting. \r\n 6. Material to be placed before the Minister.--An official of the applicant who has prepared \r\nthe report under Section 5 shall present the same through the Head of the Department to the Minister \r\nfor permission to make application to the Judge for issuance of the warrant of surveillance or \r\ninterception. \r\n 7. Action by the Minister on the material presented t o him. ___(1) The Minister shall \r\nexamine the report with supporting material and through a written order may either decline the \r\npermission sought or grant permission fully or partly. \r\n \r\nPage 6 of 16 \r\n \r\n (2) N o application shall be made to the Judge except with prior written p ermission of the \r\nMinister. \r\n 8. Application for issuance of warrant. ____ After permission from the Minister, application \r\nfor issuance of warrant shall be made by the authorized officer to the Judge,-- \r\n(a) preferably in the manner prescribed in schedule II; \r\n(b) in case, the nature of warrant requested to be issued requires different \r\ndescription, then the application shall be made in writing on the letter head of \r\nthe applicant ju stifying the issuance of warrant by mentioning all necessary \r\ndetails with supporting material alongwith proposed draft for warrant; and \r\n(c) the application for the issuance of warrant shall be accompanied by,___ \r\n(i) a signed statement and aff idavit of the authorized officer that the \r\ncontents of the report and application are true and correct to the best of \r\nhis information, knowledge and belief, and that the warrant shall be \r\nused only and exclusively for preve nting or lawfully investigating a \r\nscheduled offence or to collect evidence in respect thereof and the \r\nsame shall neither be misused in any manner, nor shall the approval of \r\nthe warrant, be abused to interfere or intervene in the privacy of any \r\nperson; and \r\n(ii) details of all warrants obtained previously in respect of the person \r\nagainst whom the warrant is sought \r\nCHAPTER-3 \r\nISSUE OF WARRANTS \r\n 9. Judge to issue warrant in Chambers. ___ (1) The warrant of surveillance or interception \r\nshall be issued by the Judge in chamber. \r\n (2) The authorized officer shall personally present the application in cham bers of the \r\nconcerned Judge who after considering the same shall pass appropriate orders under Section 11. The \r\nfile on which the orders sh all be passed, shall be returned to the authoriz ed officer for safe -custody \r\nwho shall be duty bound to bring the same on any subsequent related hearings. The Judge shall cause \r\nto be maintained a register as provided for in Section 3(j). \r\n 10. Considerations for issuance of warrant. ____ (1) The Judge whi le passing an order for \r\nissuance of warrant shall consider the following, namely: ⸻ \r\n(a) the issuance of requested warrant will enable the applicant to collect evidence; \r\nand \r\n(b) the material or statement of the authorized officer whether indicates a \r\nreasonable threat or possibility of an attempt to commit a scheduled offence. \r\n (2) The Judge while passing an order for the issuance of warrant shall ensure that:-- \r\n \r\nPage 7 of 16 \r\n \r\n(a) the authorized officer is properly authorized to represent the applicant; \r\n(b) the issuance of warrant shall not unduly interfere in the privacy of any person \r\nor property. \r\n 11. Issuance of warrant of surveillance or interception. ___ After considering the matters \r\nspecified in Section 10, the Judge shall,__ \r\n(a) pass an order allowing the issuance of warrant in the manner prescribed in \r\nschedule IV or as presented before him in a proposed draft form; \r\n(b) pass an order allowing the issuance of warrant with some modifications; \r\n(c) pass an order allowing the issuance of warrant, but may make any observations \r\nregarding the manner and method of its implementation; \r\n(d) restrict requested duration of any existing warrant; and \r\n(e) decline to issue the warrant, if the Judge has reasons to believe that warrant is \r\nbeing procured with mala fide intention and the process under the Act is bein g \r\nabused. \r\n 12. Form of the warrant. ___ (1) The warrant shall be issued ordinarily in the manner \r\nprescribed in schedule IV: \r\n Provided that the warrant may also be issued in a manner proposed by the authorized officer \r\nunder Section 8(b) with or without modifications by the Judge. \r\n (2) The warrant shall be signed by the Judge and a seal of the Court shall be affixed. \r\n 13. Record of the orders. ___ (1) While issuing the warrant, the Judge shall make a formal \r\norder indicating reasons for accep ting the request of the applicant. The original copy of the formal \r\norder shall be given to the applicant for safe custody. \r\n (2) The formal order and its record shall not be made public and shall be kept in safe custody. \r\n 14. Duration of warrant of interception. ___ Warrant shall be issued for a period of not \r\nlonger than six days: \r\n Provided that it may be re -issued after the said period by the Judge upon the request of the \r\nauthorized officer of the applicant, if, after examining the gist of the in telligence and evidence \r\ncollected by the applicant thus far, he is satisfied that as a consequence of issuance of warrant, \r\nsuitable progress is being made and there is sound justification for re -issuance of warrant for another \r\nperiod not exceeding sixty da ys. Thereafter, the same consideration shall apply for every request for \r\nreissue of warrant for further periods not exceeding sixty days at a time. \r\n 15. Sanction in case of arbitrary request for warrant. Where the Judge is of the view that \r\nany request for the issuance of warrant is based on insufficient or irrelevant considerations or it has \r\nresulted in undue and inappropriate interference in the privacy of any person or that the material and \r\ninformation collected or received within the period mentioned in Section 14 demonstrate that the \r\n \r\nPage 8 of 16 \r\n \r\nofficer concerned did not apply himself fully while making an application for the warrant, then he \r\nmay recommend departmental action against the officer concerned. \r\nCHAPTER-4 \r\nEXECUTION OF WARRANTS \r\n 16. Authorization under the warrant. ___ (1) The warrant of surveillance or interception to \r\nbe issued by the Judge may authorize and allow the lawful doing of any or all of the following acts, \r\nnamely⸻ \r\n(a) interception and recording of telephonic communication of the suspect with \r\nany person; \r\n(b) video recording of any person, persons, premises, event, situation etc; \r\n(c) interception or recording or obtaining of any electronic transaction including \r\nbut not limited to e-mails, SMS etc; \r\n(d) interception and t aking over of any equipment used in the communication in \r\nrespect of which the warrant is issued, including but not limited to telephone, \r\ncell phone, mobile sims, electronic database, demonstrating linking of \r\nelectronic communication with the da tabase belon ging to the persons in \r\nrespect of whom the warrant has been issued: \r\nProvided that the Judge shall authorize take -over of equipment only where the material or \r\nstatement of the authorized officer discloses a substantial threat or possibility or a n attempt to \r\ncommit a scheduled offence; \r\n(e) collection of evidence through any modern devices in addition to the ones \r\nmentioned above; \r\n(f) use of human intelligence; \r\n(g) covert surveillance and property interference; and \r\n(h) access to any inf ormation or data in any form related to a transaction, \r\ncommunication or its content. \r\n (2) Any other form of surveillance or interception that the Federal Government may notify in \r\nthis behalf. \r\n 17. Method of executing the Warrant. ____ (1) Where the warrant is issued, the applicant in \r\ncase of the warrant of interception, shall approach the designated agency or body, for serving the \r\nsame on service provider in the manner provided for in Schedule III and the designated agency or \r\nbody shall duly serve the said warrant on the service provider or give effect to it within seven days. \r\n (2) The service provider shall not extend technical facilities of interception to any person or \r\norganization other than the Designated Agency or Body. \r\n \r\nPage 9 of 16 \r\n \r\n (3) Where nature of surveillance or interception is such that it is not necessary to serve the \r\nwarrant on anyone, then the same shall not be served and its issuance alone shall be sufficient basis \r\nto collect evidence. \r\n (4) While executing the warrants each applicant shall ac t within the mandate provided for it \r\nunder the law. \r\n 18. Indemnity for service provider. ___ Access granted by the service provider in accordance \r\nwith this law shall not be called in question under any law by any person who may have been \r\nprejudiced by such access. \r\n 19. Immunity service provider. ___ The service provider shall have immunity in any civil or \r\ncriminal legal proceedings that any person may commence against his corporate entity or against his \r\noffice bearers or employees, for having complied with the warrant issued under this Act. \r\n 20. Service provider to cooperate. ____ In the event the service provider declines, fails or \r\ninterferes in any manner in the execution of warrant then he shall be liable to have committed an \r\noffence under this Act for ob structing investigation and justice and shall be punished with fine upto \r\nten million rupees. \r\n 21. Service provider to ensure confidentiality. ___ The service provider shall also be \r\nresponsible for ensuring the confidentiality of the execution of warrant fr om his staff members \r\nexcept those necessary to execute the warrant and in case of unauthorized disclosure or misuse of \r\ndata by any of his staff member, the officials of the service provider and the concerned staff shall be \r\npunished with imprisonment which may extend t o one year or with fine which may extend to ten \r\nmillion rupees. \r\nCHAPTER-5 \r\n ADMISSIBILITY OF MATERIAL OBTAINED UNDER THE WARRANT \r\n 22. Registration of case .___ (1) The evidence including data, information and material \r\ncollected or rec eived pursuant to the wa rrant shall be examined by the officer authorized by the \r\napplicant in this behalf and if he is satisfied that the same discloses elements of commission, \r\nharbouring, abetting or conspiring or attempting to commit any scheduled offenc e, he may \r\nimmediately ca use registration of a report (FIR) under Section 154 of the Code of Criminal \r\nProcedure, 1898 (Act V of 1898) and in that event he shall hand over all the evidence including \r\nmaterial, information, and data to the concerned Investigat ing Officer so that it f orms part of his \r\nrecord for the purposes of investigation and prosecution: \r\n Provided that before the evidence is handed over to the Investigating Officer, the authorized \r\nofficer shall certify that it has been collected st rictly in accordance with the warrant and has not been \r\ntampered with or altered in any manner whatsoever. \r\n (2) If the evidence which has been collected or received in respect of scheduled offence is \r\ninsufficient to justify registration of a report (FIR) u nder Section 154 of the Code of Criminal \r\nProcedure, 1898 (Act V of 1898), such evidence including data, information and material collected \r\nor received shall be kept confidential in safe custody and shall not be used without the permission of \r\nthe Court. \r\n \r\nPage 10 of 16 \r\n \r\n 23. Admissibility of warrant based information. ___(1) Notwithstanding anything contained \r\nin the Qanun-e-Shahadat Order, 1984 (P.O. 10 of 1984) or any other law for the time being in force, \r\nthe evidence including data, information, documents or any other mat erial collected or recei ved \r\nunder this Act shall be admissible as evidence in the legal proceedings. \r\n (2) Nothing contained in sub -section (1), shall debar the admissibility of evidence collected \r\nor received, prior to the coming into force or this Act, und er the provisions of any other law for the \r\ntime being in force. \r\n 24. Presumption of validity of warrant. ___ The warrant of surveillance and interception \r\nwhenever presented in the Trial Court or any other Court, shall be presumed to have been validly and \r\nlawfully issued. \r\n(2) The intercepted material collected or received pursuant to the warrant of surveillance or \r\ninterception under this Act and the material based on which the warrant of surveillance or \r\ninterception was applied for by the applicant shall be admissible in evidence. \r\n 25. Report of expert. ___ In case where an analysis of the intercepted material collected \r\npursuant to the warrant of surveillance or interception is required, then the same shall be carried out \r\nby a person referred to in Section 3(f ) being suitably qualifi ed, trained or experienced, who shall be \r\ndeemed to be an expert as described under Section 510 of the Code of Criminal Procedure, 1898 (Act \r\nV of 1898) and his report shall have the same effect as given to the report of the experts o f different \r\nfields mentioned in the said section. \r\n 26. Non -discloser. ____ Any person performing any function under this Act who fails to \r\nsecure complete secrecy of the process or makes any disclosure which may compromise future \r\ncapabilities of intelligenc e gathering shall, in ad dition to any other punishment to which he may be \r\nliable under applicable law and rules, be punished with imprisonment of upto five years or with fine \r\nof upto ten million rupees or with both. \r\nCHAPTER-6 \r\n REVIEW AND OVERSIGHT \r\n 27. Oversight by Review Commit tee. __ (1) A Review Committee Comprising Ministers of \r\nDefence, Interior and Law shall on a six monthly basis call for reports from all the applicants about \r\nthe warrants obtained by them and assess administrative aspe cts including if the evidence collected \r\npursuant to the warrants of surveillance or interception has been helpful in prevention of offences \r\nand of aid to prosecution or has been able to achieve the object and purposes of this Act. \r\n (2) The Committee, based on the said assessment, may issue appr opriate orders or \r\ninstructions in respect of working of any applicant for compliance or guidance. \r\n 28. Representation. __ (1) In case the applicant is not satisfied with the declining of the \r\nrequest for the issuance of the warrant of surveillance or inter ception, it may prefer a representation \r\nto the Chief Justice of High Court concerned, for Constitution of a Division Bench of two Judges for \r\nhearing in chambers. \r\n (2) The Division Bench to whom the representation is e ntrusted may either set aside the \r\ndecision of the Judge and issue the warrant or uphold the view taken by the judge. \r\n \r\nPage 11 of 16 \r\n \r\n (3) Nothing in this Act shall bar the applicant to approach the Judge again for issue of \r\nwarrant in respect of the same person on basis of fresh grounds or new material. \r\n 29. Complaints against misuse of warrant. ___(1) The Judge shall also be competent to hear \r\na complaint from any person including the Designated Agency or Body who claims that the warrant \r\nis being misused or that the applican t is conducting surveillance or interce ption beyond the scope of \r\nthe warrant. \r\n (2) If the complaint under sub -section (1) after hearing both the parties is proved to be true \r\nthe Judge may direct the applicant to transfer the investigation to som e other Investigating Officer \r\nand also initiate departmental proceedings against the officer against home the complaint was filed \r\nand report the result of the departmental proceedings to the Judge within such period as the Judge \r\nmay deem fit: \r\n Provided that for sufficient reasons shown the Judge may extend the period for submission of \r\nthe report. \r\n (3) A person aggrieved by decision of a Judge under sub -section (2) may file a representation \r\nto the Chief Justice of High Court concerned within thirty days, for constitution of a Division Bench \r\nfor hearing and deciding the representation in chambers. \r\n 30. Powers of the Judge ___ The Judge shall have powers under the Act to make any charges, \r\nmodification, extensions, date of applicability of the warrants already is sued etc., only upon the \r\nrequest of the applicant, who may approach the concerned Judge to further clarify any ambiguity or \r\nto seek advice or request the required changes in view of the changing or unique circumstances. \r\nCHAPTER 7 \r\nMUTUAL LEGAL ASSISTANCE \r\n 31. Warrants to be served outside Pakistan.___(1) Warrants obtained under the Act shall be \r\nexecutable outside Pakistan as well as in foreign jurisdictions, either directly on the concerned \r\nservice providers or through mutual legal assistance mechanism as agreed between Pakistan and the \r\nconcerned foreign state as provided under the law, treaty or agreement. \r\n (2) The warrant issued under the Act shall be processed for execution outside Pakistan \r\nthrough the Designated Agency or Body. \r\n 32. Warrants received from outside Pakistan. __ Warrants received from outside Pakistan \r\nmay be executed by the Designated Agency or Body in the light of mutual legal assistance \r\nmechanism as agreed between Pakistan and the concerned foreign state as provided under the law, \r\ntreaty or agreement. \r\nCHAPTER 8 \r\nCONFIDENTIALITY OF PROCEEDINGS \r\n 33. Confidentiality of proceedings. ___ The Judge shall ensure that during any proceedings \r\nunder this Act, no disclosure of any source or information or proceedings is made that may \r\ncompromise the future capability of the applicant”s intelligence gathering in any manner whatsoever. \r\n \r\nPage 12 of 16 \r\n \r\n 34. Prohibition of misuse of intercepted material___(1) The material intercepted pursuant to \r\nthe warrant of surveillance or interception shall no t be used by any official of the applicant or of the \r\nCourt or any other person associated with any function under this Act other than in accordance with \r\nthe provisions of this Act. \r\n (2) Any person who violates the provisions of sub -section (1), shall be p unished with \r\nimprisonment of upto five years or with fine upto ten million rupees or with both. \r\n 35. Unauthorized surveillance or interception. ___ Any person who carries out any \r\nsurveillance or interception except in accordance with the provision of this A ct shall in addition to \r\nany other punishment to which he may be liable under any other law for the time being in force be \r\npunished with imprisonment for upto three years and shall also be liable to fine. \r\nCHAPTER 9 \r\nMISCELLANEOUS \r\n 36. Power to make rules, issue guidelines and orders. ___ The Federal Government may, by \r\nnotification in the Official Gazette, make rules to carry out the purposes of this Act, and issue \r\nguidelines or orders in pursuance of this Act and the rules made thereunder. \r\n 37. Power to amend the Schedule. ____ The Federal Government may by notification i n the \r\nOfficial Gazette amend Schedules II, III and IV by adding any entry therein, omitting any entry \r\ntherefrom or modifying any entry therein. \r\n 38. Act to have effect notwithstand ing existing laws. ___ The provisions of this Act shall \r\nhave effect, notwiths tanding a nything contained in any other law for the time being in force \r\nincluding the Code of Criminal Procedure, 1898 (Act V of 1898) and Qanun -e-Shahadat, 1984 (P.O. \r\n10 of 1984). \r\n 39. Removal of difficulty .___ If any difficulty arises in giving effect to any provision of this \r\nAct, for a period of one year from its coming into force the Federal Government may, by Order not \r\ninconsistent with the provisions of the Act, remove the difficulty. \r\n_____________ \r\nSCHEDULE I \r\n[See Section 3(1)] \r\n1. The Private Military Organiza tions Abolition and Prohibition Act, 1974, (IV of 1974) to \r\nthe extent of terrorist activities; \r\n2. Offences under the Prevention of Anti -National Activities Act, 197 4 (VII of 1974) to the \r\nextent of terrorist activities; \r\n3. Offences under the Anti-Terrorism Act, 1997 (XXVII of 1997); \r\n4. Offences under the Pakistan Nuclear Regulatory Authority Ordinance, 2001 (III of 2001) \r\nto the extent of terrorist activities; \r\n \r\nPage 13 of 16 \r\n \r\n5. Offences under the National Command Authority Act, 2010 (V of 2010) to the extent of \r\nAnti-Terrorism Act, 1997 (XXVII of 1997) only. \r\nSCHEDULE II \r\n[See Section 8] \r\nApplication for issuances of warrant of surveillance or interception: \r\nTo, \r\n_____________________ \r\n \r\nSir, \r\n The applicant makes a request to this Court that it may consider appropriate to allow to be \r\ncollected and later produced (in case of prosecution) evidence including material, data, information, \r\nelectronic transactions etc. that may become available b ecause of modern devices or techniques, by \r\nallowing the issuance of warrant of surveillance and interception under Sections 9 to 12 of \r\nInvestigation for Fair Trial Act, 2012 and submits the following particulars: \r\nName of applicant ______________________________ \r\nAddress ___________________________ \r\nName of officer authorized under Secti on 4 of the Act _______________________________ \r\n(enclose copy of authorization) \r\nRank / grade _____________________________________________ \r\nContact address of officer ___________________________________ \r\nDate of order by applicant ”s concerned au thority _______________________________ \r\n(enclose copy) \r\nName or particulars or address of suspect or that of premises or both (to the extent necessary to \r\nidentify the suspect: \r\n________________________________________________________________________________ \r\nNature of evidence to be collected through surveillance or interception requested under warrant; \r\n(For example, recording of cell phone, interception of sm s or e -mails, human intelligence, property \r\ninterference collection of material, data, video making, concealed camera, recording equipment \r\netc….) \r\n_________________________________________________________________________________\r\n_________________________________________________________________________________\r\n \r\nPage 14 of 16 \r\n \r\n_________________________________________________________________________________\r\n \r\nSupporting material and Statement of belief about suspect ”s likely involvement in crime \r\n[accompanied by affidavit as per Section 8(c)(i) 1]. \r\n ________________________________________________________________________________\r\n_____________________________________________________________________ \r\nSignature of authorized officer ___________________________________________ \r\nSeal of the authorized officer ____________________________________________ \r\nAttested copy to be forwarded to Designated Agency or Body for Interception of:__ \r\n(1) ______________________________________________________________________ \r\n(2) _______________________________________________________________________ \r\n(3) _______________________________________________________________________ \r\n(4) ________________________________________________________________________ \r\n \r\nSCHEDULE III \r\n[See Section 17] \r\nSummary of warrant under Section 17 of `the Investigation for \r\nFair Trial Act 2012” \r\n \r\n It is affirmed that warrant of interception pursuant to Sections 9 to 12 of “the Investigation \r\nfor Fair Trial Act, 2012 ” is issued on ___________________ day of _______________ and attested copy of the \r\nsame has been received and is retained in our record. \r\n It is further affirmed that the said warrant authorizes the lawful interception of \r\n1. _______________________________________________________________________ \r\n2. _______________________________________________________________________ \r\n3. _______________________________________________________________________ \r\n4. _______________________________________________________________________ \r\n \r\nPage 15 of 16 \r\n \r\n \r\nTo: _____________________________________________ (Service Provider) \r\nPlease ensure compliance. \r\nDesignated Agency or Body [under Section 3(e) of the Act]. \r\nThrough Official _________________________________ \r\nAddress ________________________________________ \r\nContact _________________________________________ \r\n \r\nSignature of Head of Designated Agency or Body \r\nOfficial seal of Designated Agency or Body with date \r\n \r\n \r\nSCHEDULE IV \r\n \r\n[See Section 11] \r\n \r\nPART I \r\n(to be filled by the applicant) \r\n \r\n 1. This warrant of surveillance or interception is issued under Sections 9 to 12 of `the \r\nInvestigation for Fair Trial Act, 2012 ”, to enable the applicant to collect evidence through \r\nsurveillance or interception of: (Provide briefly nature of evidence being al lowed to be collected by \r\nthe concerned Court under the present warrant). \r\n_________________________________________________________________________________\r\n_________________________________________________________________________________\r\n_________________________________________________________________________________\r\n_________________________________________________________________________________\r\n___________________________________________________ \r\n For an initial period of ____________days starting with effect from______________ \r\n(Date if request made in retrospect). \r\n 2. Where applicable, the warrant allowed to be served on; \r\nMr./Entity / __________________________________ \r\n____________________________________________ \r\n \r\nPage 16 of 16 \r\n \r\nto extend fullest cooperation to the hol der or application of the warrant and facilitate in its execution \r\ntechnically and logistically and through any other appropriate means and also ensure full \r\nconfidentiality of implementing of the warrants and not to misuse evidence so collected. \r\nPART II \r\n(For official use only) \r\n After examining the request of the applicant, the Court is satisfied that requirements \r\nprescribed under the Investigation for Fair Trial Act, 2012 for the issuance of the warrants hav e been \r\nfulfilled and accordingly, the warrant is allowed to be issued in terms expressed above. \r\nSigned \r\nJudge \r\nSeal of Court \r\n____________", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": 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