Government Proposes Amendments to Anti-Terrorism Act to Strengthen Detention Powers

The government has introduced a bill to amend the Anti-Terrorism Act (ATA) of 1997 in the National Assembly, aiming to extend pre-trial detention powers for people facing terrorism charges. The bill proposes that army and civil armed forces be allowed to detain suspects for up to three months if they pose a threat to national security.

Federal Law Minister Nazir Tarar presented the bill, which was subsequently referred to the relevant committee for further review by Deputy Speaker Syed Ghulam Mustafa Shah.

Key Amendments Proposed

1. Extended Detention Period

• The bill reintroduces an amendment to Section 11 of the ATA, which would empower armed and civil forces to hold suspects in preventive detention based on credible intelligence or suspicion of involvement in terrorism.
• Detainees can be held for up to three months, with further detention subject to Article 10 of the Constitution.

2. Formation of Joint Investigation Teams (JITs)

• The bill proposes the establishment of Joint Investigation Teams comprising law enforcement and intelligence agencies. These teams would help in conducting comprehensive investigations and collecting actionable intelligence on terrorism suspects.
• The JITs would include personnel from various law enforcement agencies, including high-ranking officers and members of the intelligence community.

Background and Context

The ATA’s preventive detention provision was originally introduced in 2014 following terrorist attacks on public schools, but the provision expired in 2016. Now, the bill seeks to reinstate these powers due to escalating security challenges across Pakistan, particularly in Balochistan. The Ministry of Interior highlighted that insurgent groups have intensified their attacks, leading to significant loss of life and infrastructure.

Expanded Scope of Powers

Under the new amendment, the government and armed forces would be empowered to:

• Take preventive actions against individuals involved in target killings, kidnappings for ransom, and extortion.
• Conduct detentions for offenses related to national security and defense beyond the typical three-month detention period, subject to constitutional safeguards.

Legal Framework and Timeline

• The amendment includes a two-year validity period after its enactment.
• The bill emphasizes that a stronger legal approach is necessary to address the complex threats posed by insurgent and terrorist groups, especially in regions like Balochistan, where existing laws have proven insufficient.