ISLAMABAD: In a landmark legislative move, the Pakistani government introduced a bill on Friday that seeks to authorize the military and civilian armed forces to detain individuals accused of terrorism for up to three months under a system “preventive detention.”
This bill, which amends the Anti-Terrorism Law (ATA) in 1997, submitted by the minister of law Azam Nazeer Tarar in the session of National Assembly who saw limited attendance and quickly referred to the appropriate committee for further insight, Dawn reported.
The proposed legislation includes measures to shape Joint Investigation Team (JITs) are made up of various law enforcement and intelligence agency members to conduct inquiries into cases related to terrorism.
This amendment to Clause 11EEEE of the ATA was initially enacted after the tragic attack on the Army Public School in Peshawar but was lapsed ten years ago due to the sunset clause.
As stated in the Statement of Objects and Reasons of the Bill, “the amendment before section 11EEEE of the Act should be re-introduced to strengthen the government, the armed forces and the civilian armed forces with the necessary authority to detain individuals who play a significant role. threat to national security. ”
The new provisions will allow for preventive arrests based on credible information or reasonable suspicion, so that authorities can intervene before potential terrorist acts can take place, Dawn reported.
Furthermore, the bill aims to strengthen the legal framework for law enforcement agencies to conduct more effective operations against terrorism. This will facilitate the formation of a JIT to conduct comprehensive inquiries and gather actionable intelligence.
According to the bill, Section 11EEEE was amended in 2014 to allow the government and authorized military and civilian forces to detain individuals suspected of terrorist activities, but its validity expired in 2016 due to the sunset clause.
The proposed amendment states: “The government or, where the provisions of Section 4 have been invoked, the armed forces or the civilian armed forces, as the case may be, subject to the special or general order of the government in this regard, for a period not exceeding three months and after record the reasons thereof, issue orders for the preventive arrest of any person concerned in an offense under this Act relating to the security or defense 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 sufficient complaint has been made or credible information has been received, or a reasonable suspicion has been raised, for the purpose of investigation.
In addition, the amendment stipulates that the detention of the person, including an extension of more than three months, will comply with Article 10 of the Constitution. The new provision mandates that if an arrest warrant issued by the armed forces is made, the investigation will involve a JIT, including police officers of at least the rank of superintendent and members of various intelligence agencies.
This new provision will remain in force for two years after the commencement of the ATA (Amendment) Act, 2024.
In a related parliamentary debate, speaker Ayaz Sadiq warned he would call a meeting of the seven standing committees to elect a chairman if the opposition Pakistan Tehreek-e-Insaf (PTI) party did not present a nominee by next week. The issue was raised after criticism of the absence of government ministers during question hour, Dawn reported.
Law Minister Tarar also raised concerns about the placement of some opposition lawmakers Exit Control List (ECL), indicating that names are added due to absconding in criminal cases. He encouraged opposition members to formally submit requests for review, stating that 65 to 70 percent of requests for ECL removal are usually accepted.
The National Assembly is scheduled to reconvene on Monday evening.
