Pakistan reintroduces Anti-Terrorism Act with preventive detention powers for military, civil forces

ISLAMABAD: The National Assembly of Pakistan passed the Anti-Terrorism (Amendment) Bill, 2024, restoring the provision of preventive detention for individuals suspected of terrorism, The Express Tribune reported on Tuesday.

The amendment, which was passed on Wednesday, empowers both military and civil armed forces to detain individuals suspected of terrorism for up to three months. The bill was taken up for voting, with 125 members supporting the motion and 59 opposing it.

According to The Express Tribune, the bill, presented by Pakistani Minister of State for Interior and Narcotics Control Talal Chaudhry, was approved after a clause-by-clause reading, with the House rejecting proposed changes by Jamiat Ulema-e-Islam (F)’s Aliya Kamran and accepting an amendment from Pakistan Peoples Party’s Syed Naveed Qamar.

As per the amendment, Section 11EEEE of the Anti-Terrorism Act (ATA), initially enacted in 2014 in the aftermath of the Peshawar Army Public School attack, had expired in 2016 due to a sunset clause, The Express Tribune reported.

The latest amendment reintroduces this provision, allowing authorities to detain individuals based on credible intelligence or reasonable suspicion to preempt terrorist activities.

The law also allows for the establishment of Joint Interrogation Teams (JITs), composed of members from law enforcement and intelligence agencies, to carry out in-depth investigations and gather operational intelligence.

According to the bill’s statement of objectives, Pakistan’s current security landscape demands stronger legal tools to empower the government, military, and law enforcement agencies in dealing with individuals posing a serious threat to national security, as reported by The Express Tribune.

As per the bill, as stated by The Express Tribune, sub-section (1) of Section 11EEEE allows detention beyond three months, subject to constitutional safeguards under Article 10, which protects against unlawful arrest and detention.

A key revision to sub-section (1) of Clause 2 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,” as quoted by The Express Tribune.

Further amendments in sub-section (2) specify that any detention ordered by the armed or civil armed forces must be investigated by a Joint Investigation Team. This team would include a police officer not below the rank of SP, and members from intelligence, military, and other enforcement agencies.

Additionally, a new provision (2A) declares that these powers under sub-sections (1) and (2) will remain in effect for three years from the enactment of the Anti-Terrorism (Amendment) Act, 2025.

Pakistani Law Minister Azam Nazeer Tarar clarified that this law is meant to be used selectively and includes checks. “A clause is being added to the bill stating that there are solid reasons for arrest. The arrested person will have to be presented before a magistrate within 24 hours, and a clause has also been included to be enforceable for a specific period,” he stated, as quoted by The Express Tribune.

Reacting to the passage of the amendment, Pakistan Tehreek-e-Insaf Chairman Barrister Gohar Ali Khan criticised the move, calling it a repeat of earlier legislation that infringes on “fundamental human rights”. (ANI)