(i) JUVENILE OFFENDERS ARE TRIED AS TERRORISTS
AND SENTENCED TO DEATH UNDER THE ATA
According to Section 14 of the JJSO, the law does not repeal other laws but applies “in addition” to them.
However, the ordinance also provides juvenile courts “exclusive jurisdictions to try cases in which a child
is accused of commission of any offence.” Since the enactment of the JJSO, jurisprudence by superior
courts has been unable to uniformly address the jurisdiction of juvenile courts over crimes for which
special courts have been enacted, particularly terrorism. As a result, juveniles continue to be tried as
adults and are sentenced to death by special courts whose procedures fail to comply with internationally
agreed fair trial standards.
Under Section 32, the ATA is granted overriding effect over all laws currently in force. Upon reading
Section 32 of the ATA in juxtaposition with Section 14 of the JJSO, courts often interpret the provisions of
the ATA as meaning that for terrorism offences under the ATA, the Anti-Terrorism Courts possess exclusive
jurisdictions even for juvenile offenders.
In the case of Asadullah v. the State, the Sindh High Court recognised that the ATA held that “Section 14
of the JJSO strengthened the view that the court constituted under the ATA had jurisdiction over the
scheduled offence, irrespective of any limit of age or any other class of offenders.” It was held that no
TRIAL AND TERROR
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