The Anti-Terrorism (Amendment) Bill 2024, introduced in Pakistan, is deemed essential to address the country’s intensifying security challenges.
This bill grants the government, armed forces, and other security agencies the authority to take swift, decisive action against individuals suspected of involvement in terrorism.
In doing so, it aims to strengthen Pakistan’s national security framework by empowering security agencies to act without delay when threats emerge, thus bolstering the country’s overall defense system.
The bill was presented in the National Assembly on Friday, and one of its primary amendments seeks to reinstate the sunset clause originally embedded in the Anti-Terrorism Act (ATA) of 1997.
This reinstatement would enable law enforcement agencies, including the Pakistan Army, to detain suspects for questioning for up to three months.
Initially introduced after the tragic Army Public School (APS) attack, the preventive detention provision allowed LEAs to hold suspects for three months as part of counter-terrorism efforts.
Although this provision expired in 2016, the recent escalation in security concerns, particularly in Khyber Pakhtunkhwa and Balochistan, prompted the federal government to reintroduce it.
The revised clause will give these agencies similar powers for two more years, allowing them to preemptively detain terror suspects without the need for an FIR or court orders.
Section 11EEEE of the ATA, as amended in 2014, remains a pivotal provision in Pakistan’s anti-terrorism framework.
This section allows the government, armed forces, and civil armed forces to undertake preventive detention of individuals suspected of terrorist activities.
Under this authority, suspects can be held for up to three months if there is reasonable suspicion or credible intelligence indicating involvement in crimes such as target killings, kidnappings for ransom, extortion, or acts that threaten essential supplies or public services.
This preventive measure is essential in preventing imminent terrorist acts and addressing the low conviction rate in terrorism cases, an issue that has long hindered Pakistan’s efforts in combating terrorism.
Additionally, the amendment calls for the implementation of Article 10 of the Constitution, ensuring that detainees’ legal rights are preserved during preventive detention.
The amendment also allows for the detention period to extend beyond three months under specific constitutional safeguards, thereby upholding a balance between security needs and fundamental rights.
A significant feature of the bill is the establishment of Joint Investigation Teams (JITs), comprising members from various law enforcement and intelligence agencies.
The aim is to foster better coordination and streamline counter-terrorism efforts through comprehensive, cross-agency cooperation.
This approach will enhance information-sharing capabilities and strengthen the overall investigative process, enabling a more cohesive and strategic response to terrorism.
The government has clarified that these measures are focused solely on counter-terrorism efforts and do not target any political party or group.
The amendment authorizes indefinite detention of suspects if required, a provision that mirrors security laws in countries facing similar threats.
Legal experts note that indefinite detention frameworks exist globally, with examples in the United States’ National Defense Authorization Act and the Patriot Act, which allow for the detention of suspects without time limits.
Similarly, countries like Turkey, Saudi Arabia, China, and Egypt have comparable practices, extending detention periods for suspects involved in serious anti-state activities.
Experts in defense and law agree that the amendment is essential to address the growing security threats in Pakistan, particularly as incidents of terrorism increase in regions like Balochistan and Khyber Pakhtunkhwa.
They emphasize that due to ineffective investigation and prosecution processes, a significant number of terror suspects evade justice, leading to emboldened terrorist factions.
To counter this, experts advocate for extensive reforms in investigation, prosecution, and judicial practices. They stress the importance of adopting international standards and best practices to elevate Pakistan’s counter-terrorism framework, which could lead to a higher conviction rate in terrorism cases.
In light of the escalating security concerns, defense experts and legal authorities regard the Anti-Terrorism (Amendment) Bill 2024 as a critical measure.
It provides law enforcement with necessary tools to preemptively neutralize potential threats and address gaps in the judicial process.
Recognizing the urgent need for national unity on this matter, experts urge all political parties to support the bill unanimously in the interest of national security.
Approval of this amendment is seen as pivotal in safeguarding Pakistan’s future, ensuring a secure environment for its citizens, and maintaining the stability required for national progress.
