Section 2. Repeal of Act 15 of 2002 and saving
(1) The Prevention of Terrorism Act, 2002 (hereinafter referred to as the principal Act) is hereby repealed.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 principal Act, or
(c) any penalty, forfeiture or punishment incurred in respect of any offence under the principal Act, 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or enforced and any such penalty, forfeiture or punishment may be imposed as if the principal Act had not been repealed: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 time being in force, no court shall take cognizance of an offence under the principal Act after the expiry of the period of one year from the commencement of this Act.
(3) Notwithstanding the repeal of section 60 of the principal Act, the Review Committee constituted by the Central Government under sub-section (1) of that section, whether or not an application under sub-section (4) of that section has been made, shall review all cases registered under the principal Act as to whether there is a prima facie case for proceeding against the accused thereunder and such review shall be completed within a period of one year from the commencement of this Act and where the Review Committee 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(a) in cases in which cognizance has been taken by the Court, the cases shall be deemed to have been withdrawn; and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 section 60 of the principal Act shall, while reviewing cases, have powers of a civil court under the Code of Civil Procedure, 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).
Judgements applying section 2
Nitish @ Nitish Kumar @ Nitish Yadav @ Birbal Yadav and Anr. Vs The State Of Bihar
Outcome: DismissedCOURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.1092 of 2017 Arising Out of PS. Case No.-4 Year-2002 Thana- NAUHATTA District- Rohtas ====================================================== 1. Nitish @ Nitish Kumar @ Nitish Yadav @ Birb
DismissedOpen02.12.2022 HCP No.1230 of 2022 IN THE HIGH COURT OF JUDICATURE
AllowedOpenCOURT OF JUDICATURE AT MADRAS DATED: 09.10.2020 Coram The Hon'ble
AllowedOpenCOURT OF JUDICATURE AT MADRAS DATED 27.04.2019 CORAM THE HONOURABLE
AllowedOpenCOURT OF JUDICATURE AT MADRAS RESERVED ON : 23.11.2017 DELIVERED ON
DismissedOpenCOURT OF JUDICATURE AT MADRAS DATED 13.10.2014 CORAM THE HONOURABLE
AllowedOpen
Show 4 more
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CONFIRMATION CASE NO.5 OF 2009 The State of Maharashtra .. Appellant (Ori. Complt.) versus 1. Sayeed Mohd. Hanif Abdul Rahim, 2. Ashrat @ Arshad Shafiq Ahmed Ansari,
DisposedOpenIn two criminal writ petitions, the Bombay High Court disposed of pleas by POTA accused challenging trial proceedings. The Court examined whether the Prevention of Terrorism (Repeal) Act, 2004, mandated a fresh review by the POTA Review Committee of cases already reviewed before the Act's commencement or rendered…
DisposedOpenCOURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Revision No.6763 of 2008 (O&M) Date of Decision : August 28, 2009 Balwinder Singh Minhas .....Petitioner versus Rakesh Budhiraja .....Respondent CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present :
AllowedOpenPage 1 of 26 THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 27.05.2009 + WP(CRL) 1712/2005 STATE [THROUGH DEPUTY SECRETARY (HOME) GOVERNMENT OF NCT OF DELHI] ... Petitioner - versus – IBOTOMBI SAPAM AND OTHERS ... Respondents
Writ Petition (Criminal)Open