READ - The Terrorism (Prevention) Act of 2011

• Proscribed Organisation.

(1). Where two or more persons associate for the purpose of or where an organization engages in—


(a) Participating or collaborating in an act of terrorism;

(b) promoting, encouraging or exhorting others to commit an act of terrorism; or

(c) setting up or pursuing acts of terrorism, the judge in Chambers may on an application made by the Attorney General, National Security Adviser or Inspector General of Police on the approval of the President; declare any entity to be a proscribed organization and the notice should be published in official gazette.

(2) An order made under sub-section (1) of this section shall be published in the official gazette, in two National newspapers and at such other places as the judge in Chambers may determine.

(3) A publication made under sub-section (2) of this section shall contain such relevant particulars as the judge in Chambers may specify:

(i) a person who belongs or professes to belong to a proscribed organization commits an offence under this Act and shall on conviction be liable to imprisonment for a maximum term of 20 years;

(ii) for the avoidance of doubts, political parties should not be regarded as proscribed organizations and nobody should be treated as such because of his or her political beliefs.

(4) It is a defence for a person charged under sub-section (3) of this section to prove that the organization had not been declared a proscribed organization at the time the person charged became or began to profess to be a member of the organization and that he has not taken part in the activities of the organization at any time after it has been declared to be proscribed organization.

(5) The Attorney General upon the approval of the President may withdraw the order if satisfied that such proscribed organization has ceased to engage in an act of terrorism—

(a) the proscribed organization or person affected by the order made an application on notice; and

(b) he is satisfied that a proscribed organization has ceased to engage in the acts specified in sub-section (1) of this section and that there is no likelihood of the organization engaging in such acts in the future and shall be published in the official gazette.