Pakistan Government Introduces Bill to Amend Anti-Terrorism Act, Allowing Preventive Detention of Terror Suspects

Islamabad, November 2: In a pivotal legislative move, the Pakistani government introduced a bill on Friday that seeks to authorise military and civil armed forces to detain individuals charged with terrorism for up to three months under a system of "preventive detention." This bill, which amends the Anti-Terrorism Act (ATA) of 1997, was tabled by Law Minister Azam Nazeer Tarar in a session of the National Assembly that saw limited attendance and was quickly referred to the relevant committee for further consideration, Dawn reported.

The proposed legislation includes measures for forming Joint Investigation Teams (JITs) made up of various law enforcement and intelligence agency members to conduct inquiries into terrorism-related cases. These amendments to Clause 11EEEE of the ATA were initially enacted following the tragic Army Public School attack in Peshawar but lapsed a decade ago due to a sunset clause. Pakistan's National Assembly Passes Controversial Constitutional Amendment Bill Capping Chief Justice's Term.

As outlined in the bill's Statement of Objects and Reasons, the "erstwhile amendments of Section 11EEEE of the Act are required to be re-inserted to empower the government, armed forces and civil armed forces with the necessary authority to detain individuals who pose a significant threat to national security." The new provisions would allow preventive detention based on credible information or reasonable suspicion, enabling authorities to intervene before potential terrorist acts can be carried out, reported Dawn.

Furthermore, the bill aims to strengthen the legal framework for law enforcement agencies to conduct more effective operations against terrorism. It will facilitate the formation of JITs to conduct thorough inquiries and gather actionable intelligence. According to the bill, Section 11EEEE was amended in 2014 to allow the government and authorised military and civil forces to detain individuals suspected of terrorism-related activities, but its validity expired in 2016 due to a sunset clause. Imran Khan Lodged in Adiala Jail: British Parliamentarians Press UK Government To Intervene for Former Pakistan PM’s Release.

The proposed amendment states: "The government or, where the provisions of Section 4 have been invoked, the armed forces or civil armed forces, as the case may be, subject to the specific or general order of the government in this regard, for a period not exceeding three months and after recording reasons thereof, issue order for the preventive detention of any person who has been concerned in any offence under this Act relating to the security or defence of Pakistan or any part thereof, or public order relating to target killing, kidnapping for ransom, and extortion, bhatta or the maintenance of supplies or services, or against whom a reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists of his having been so concerned, for purpose of inquiry."

Additionally, the amendment specifies that the detention of such persons, including any extensions beyond three months, will adhere to Article 10 of the Constitution. A new provision mandates that if an armed forces-issued detention order is made, the inquiry will involve a JIT, including a police officer of at least superintendent rank and members from various intelligence agencies. These new provisions will remain valid for two years following the commencement of the ATA (Amendment) Act, 2024.

In related parliamentary discussions, Speaker Ayaz Sadiq warned he would summon meetings of seven standing committees to elect chairpersons if the opposition Pakistan Tehreek-e-Insaf (PTI) party does not provide nominations by next week. The issue was raised after criticism of government ministers' absence during a question hour, Dawn reported.

Law Minister Tarar also addressed concerns regarding the placement of several opposition lawmakers on the Exit Control List (ECL), indicating that names are added due to absconding in criminal cases. He encouraged opposition members to formally submit requests for review, stating that 65 to 70 per cent of ECL removal requests are typically accepted. The National Assembly is scheduled to reconvene on Monday evening.

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