THE government of Pakistan recently introduced a proposed amendment to the Anti-Terrorism Act (ATA) in the National Assembly, aiming to enhance the ability of military and civil armed forces to address national security concerns. The amendment would enable preventive detention for individuals facing terrorism-related charges for up to three months, with the goal of pre-empting potential threats to public safety and security. This proposal, swiftly referred to the relevant parliamentary committee for further consideration, reflects the government’s focus on safeguarding national interests. The amendment would allow authorities to detain individuals based on “reasonable suspicion” if there is a perceived risk to national security, underscoring a preventive approach to addressing evolving security challenges.
Experts have voiced concerns regarding the recently proposed amendments to Pakistan’s Anti-Terrorism Act (ATA), suggesting that these changes could affect various segments of society, including journalists, human rights advocates and political leaders. The proposed bill would expand the authority of certain non-judicial entities, potentially impacting the judiciary’s role following recent constitutional updates. Additionally, the government’s focus on national security, especially in the light of recent terrorist incidents and Pakistan’s international commitments, including collaboration with China on counter-terrorism, is seen as a factor driving these amendments. Under the new proposal, those in preventive detention may experience a waiting period of up to three months before seeking legal redress, aligning with the government’s preventive approach to national security.
The newly proposed amendments to Pakistan’s Anti-Terrorism Act (ATA) include broad language that may allow authorities flexibility in addressing individuals who could potentially impact public order. The inclusion of “reasonable suspicion” as grounds for preventive detention reflects a proactive approach to maintain security, although some observers note that the term could benefit from further clarification to ensure its application aligns with the intent of the law. The bill also introduces provisions for establishing Joint Interrogation Teams (JITs) to streamline inquiries by bringing together various law enforcement and intelligence agencies. Additionally, it seeks to reintroduce certain amendments to Clause 11EEEE of the ATA, which had previously lapsed in 2016, reflecting the government’s ongoing commitment to strengthening counter-terrorism efforts.
The Statement of Objects and Reasons for the proposed bill highlights the intent to reintroduce certain amendments to Section 11EEEE of the Anti-Terrorism Act, aiming to provide the government and security forces with the authority to detain individuals who may pose a significant threat to national security. This preventive measure, based on credible information or reasonable suspicion, is intended to help disrupt potential security threats before they materialize. In the light of the current security challenges, the proposed amendments to the Anti-Terrorism Act of 1997 seek to enable a more coordinated response between federal and provincial governments. Under the updated provisions, the federal government may request the presence of armed and civil armed forces in specific areas to assist provincial authorities in preventing and addressing terrorism and related offences. This initiative aims to strengthen security measures, particularly in sensitive regions like Balochistan and Khyber Pakhtunkhwa, where preventive efforts may play a crucial role. The amendments reflect an approach geared toward a unified framework for maintaining peace and addressing security concerns nationwide.
The Human Rights Commission of Pakistan (HRCP) has raised concerns about the recently proposed Anti-Terrorism (Amendment) Bill 2024, highlighting that preventive detention measures, while intended to enhance security, may require careful oversight to prevent potential misuse. The HRCP suggests that such powers could benefit from added safeguards to ensure balanced implementation. The bill’s provision granting security forces the authority to detain individuals based on suspicion has prompted calls for the inclusion of civilian or judicial oversight to maintain accountability. According to the Pakistan Commission of Inquiry on Enforced Disappearances (COIED), over 10,000 cases of enforced disappearances were reported between 2011 and December 2023, with a significant number occurring in Khyber Pakhtunkhwa and Balochistan.
Moreover, concerns have been raised about the implications of the proposed Anti-Terrorism (Amendment) Bill 2024. Former Senator Farhatullah Babar, representing Khyber Pakhtunkhwa, voiced his perspective on social media, suggesting that the preventive detention provision could formalize enforced disappearances and urged careful consideration of its broader impact. Amnesty International has also highlighted that the Anti-Terrorism Act of 1997 has, at times, been applied to human rights defenders and protesters, raising questions about the need for clarity in safeguarding the rights to peaceful protest and fair trial. These observations underscore the importance of ensuring that any new amendments to the Act are balanced and considerate of civil liberties, while also addressing security concerns. Despite some international and domestic concerns, the proposed amendments are expected to proceed through parliament, reflecting the government’s commitment to strengthening security measures in response to current challenges. These amendments aim to reinforce efforts to address the evolving security landscape, particularly following the announcement of a new military operation in June. The new provisions would provide additional legal support for preventive detention based on credible suspicions. Ensuring a collaborative approach to these amendments, with broad consensus among stakeholders, would help achieve a balanced solution that aligns both with security goals and civil liberties.
—The writer is Educator at SELD, Sindh.
