ISLAMABAD: The Senate on Tuesday passed amendments to the Anti-Terrorism Act (ATA) of 1997, reintroducing provisions that allow law enforcement agencies (LEAs) and armed forces to detain individuals suspected of terrorism-related activities for up to three months.
This follows the approval of the same amendment by the National Assembly last week.
The amendment, introduced by Minister of State for Interior and Narcotics Control Muhammad Tallal Badar, empowers the government, armed forces, or civil armed forces to order preventive detention for individuals based on reasonable suspicion of their involvement in terrorism.
Under the amendment, individuals suspected of activities like target killings, kidnapping for ransom, or extortion can be detained for up to three months, subject to the government’s order.
The bill amends Section 11EEEE of the ATA and specifies that anyone detained under these provisions will be subject to the constitutional safeguards of Article 10, which ensures protections against arbitrary arrest and detention. The detention will be overseen by a joint investigation team (JIT) comprising police officers, intelligence agencies, and civil and armed forces.
The bill was passed after a clause-by-clause reading, despite attempts by JUI-F Senator Kamran Murtaza to introduce amendments, which were rejected by the majority. The statement of objects and reasons for the bill highlights the need for strong measures in response to the current security challenges, asserting that the powers provided are crucial for preventing terrorist activities before they occur.
Law Minister Azam Nazeer Tarar defended the amendments, emphasizing that the country is facing severe terrorism threats and the proposed amendments were necessary to strengthen anti-terrorism laws. He added that the bill had already passed judicial scrutiny and included a three-year sunset clause.
According to Clause 2 of the amendment, detainees must be presented before a magistrate within 24 hours of arrest.
Opposition members, however, raised concerns about the bill’s potential to violate constitutional rights. PTI’s Barrister Syed Ali Zafar argued that certain provisions contradicted the law and the constitution, suggesting the bill be referred to a committee for further review.
PML-N Senator Irfanul Haque Siddiqui, speaking in favor of the amendments, stressed the need for strict anti-terrorism measures to prevent further attacks. He pointed out the loss of nearly 100,000 lives due to terrorism, urging lawmakers to support the bill as a means of resisting militants and upholding national security.
The bill also aims to facilitate the use of joint interrogation teams (JITs) to gather intelligence, with participation from various law enforcement and intelligence agencies. The amendments to Section 11EEEE had initially been introduced in 2014 but expired in 2016 under a sunset clause. The latest iteration of the amendment was quietly introduced in the National Assembly in November 2024, renewing the debate over preventive detention.
Human rights groups, including the Human Rights Commission of Pakistan (HRCP), have expressed concerns about the potential for misuse of the expanded detention powers, especially in light of previous instances of forced disappearances and arbitrary detentions.
