The government has tabled a bill in the National Assembly to amend the Anti-Terrorism Act, of 1997, which includes a proposal to empower the army and civil armed forces to detain people facing terrorism charges for up to 3 months.
The government has tabled a major bill in the National Assembly, under which the army and civil armed forces have been asked to give the power to detain people facing terrorism charges for up to 3 months in pre-trial detention.
Federal Law Minister Nazir Tarar presented a bill to further amend the Anti-Terrorism Act 1997 in the National Assembly, after which Deputy Speaker Syed Ghulam Mustafa Shah sent the bill to the relevant committee for consideration.
The Bill also includes provisions for setting up Joint Investigation Teams (JITs) comprising members of various law enforcement agencies and intelligence agencies. They were introduced temporarily in the wake of terrorist attacks on public schools that ended a decade ago.
According to the bill, ‘Section 11 of the Act aims to re-introduce the previous amendments to the EEAS to give the government, armed forces and civil armed forces the necessary powers to detain persons who pose a threat to national security’.
This provision would allow for the preventive detention of suspects based on substantiated information or suspicion, thereby thwarting terrorist plans before they are carried out.
The amendment would also “provide legal support to law enforcement agencies to conduct more effective counter-terrorism operations by empowering JITs comprising members of various law enforcement agencies and intelligence agencies to conduct comprehensive investigations and It will help in gathering actionable intelligence’.
The Bill states that Article 11 of the ATA was amended in 2014 to empower the government and authorized armed forces and civilian armed forces to take preventive detention of persons suspected of involvement in terrorist-related activities. was given
However, this amendment was subject to a clause limiting its duration to 2 years, which expired in 2016.
“Furthermore, the current security situation requires a robust response that goes beyond the existing legal framework,” the bill added.
The proposed clause of the ATA states that ‘the Government or, where Article 4 is applied, the armed forces or civil armed forces shall be authorized to carry out target killing, kidnapping for ransom, extortion or the security or defense of Pakistan or any part thereof. It shall be authorized to detain a person wanted for an offense under this Act for a period exceeding 3 months, however, the detention of any person for a period exceeding 3 months shall be subject to the provisions of Article 10 of the Constitution.
A new clause in sub-section (2) provides that if an order of detention is issued under sub-section (1) by the armed forces or the civil armed forces, the investigation shall be conducted by a JIT consisting of intelligence. Agencies, civil armed forces, armed forces, and law enforcement officers including officers of the rank of Superintendent of Police will be involved.
According to the bill, these provisions will remain in force for two years after the enactment of the ATA (Amendment) Act, 2024.
Earlier, the Interior Ministry informed the Federal Cabinet that the situation in Balochistan has gone beyond the existing legal framework, which necessitates a vigorous response.
“Insurgent groups and terrorist networks in Balochistan have become more integrated in their operations, with recent incidents resulting in the loss of a large number of precious lives and destruction of infrastructure.”
