E SAFEGUARDS FOR JUVENILES ARE NOT APPLIED TO TERRORISM TRIALS According to Section 14 of the JJSO, the law does not repeal other laws but applies “in addition” to them.71 However, the ordinance also provides juvenile courts “exclusive jurisdictions to try cases in which a child is accused of commission of any offence.” 72 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 by special courts whose procedures fail to comply with internationally agreed fair trial standards and are sentenced to death. The Anti-Terrorism Act(ATA) was enacted in 1997 and provides for the establishment of anti-terrorism courts to try persons charged with terrorist act, and stipulates special procedures for the conduct of trials that fall within its ambit. The definition of “terrorist acts” under the ATA includes crimes such as rape and extortion to “strike terror or create of sense of fear and insecurity in the people or any section of the people.” 73 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 State74, 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 indemnity or concession from the mandatory death sentence was to be provided to the juvenile offender. In the case of Qamar Hussain Shah v. The State75 the court held that a juvenile charged under the ATA would be charged by the Anti Terrorism Courts (ATC) and not by the juvenile courts. The Full Bench of the Sindh High Court ruled that the ATC would not be bound by the rules of procedures required for juvenile courts. However, substantive protection not inconsistent with the ATA under the JJSO will be accorded by such courts while trying children. JJSO, Section 14 JJSO, Section 4(3) Anti Terrorism Act, 1997 (Act No. XXVII of 1997)[hereinafter ATA], Section 1(b) 74 2011 PCRLJ 1022 75 PLD 2006 Karachi 331 71 72 73 31 DEATH ROW’S CHILDREN