Mudassir Riaz
On Friday, the government put forth the Anti-Terrorism (Amendment) Bill 2024 in the National Assembly, a pivotal move aimed at granting enhanced powers to the government, armed forces, and civil armed forces for the preventive detention of individuals suspected of terrorism-related activities. This bill, introduced by the Minister for Law and Justice, Azam Nazir Tarar, on behalf of Interior Minister Mohsin Naqvi, seeks to amend Section 11EEE of the Anti-Terrorist Act of 1997, a legal framework that has repeatedly come under scrutiny due to its implications for civil liberties.
The proposed amendment allows for the detention of individuals for a period of three months based on credible information or reasonable suspicion of involvement in offenses related to national security. The statement accompanying the bill emphasizes that the current security landscape necessitates a robust response that transcends the existing legal measures. This provision is touted as a critical tool for law enforcement agencies to thwart potential terrorist threats before they materialize.
Specifically, the amendment expands the definition of offenses to include target killings, kidnapping for ransom, extortion, and other threats to public order. Law enforcement agencies, under this new framework, would be authorized to issue detention orders while simultaneously facilitating operations that combine intelligence and investigative efforts through Joint Investigation Teams (JITs), which are multi-disciplinary teams comprising members from various law enforcement agencies, designed to enhance the effectiveness of investigations.
Despite the expansion of powers, the amendment endeavors to align with constitutional rights, particularly Article 10, which protects the rights of detainees. Under this article, any individual detained must be informed of the grounds for their arrest and be afforded the right to seek legal counsel. Additionally, there is a stipulation that any detainee must be presented before a magistrate within 24 hours of the arrest, thus providing a measure of legal oversight.
Historically, similar amendments were introduced in 2014, although they were bound by a sunset clause that expired after two years, raising questions about the long-term implications of such legislative changes on civil liberties.
The cabinet also introduced ‘The Supreme Court (Practice and Procedure) (Amendment) Ordinance 2024’ in the Senate. This ordinance proposes a reconfiguration of how benches are formed in the Supreme Court, reducing the number of judges required to create a bench for hearing cases. Additionally, it mandates documenting the rationale behind hearing cases deemed of public importance, which aims to enhance transparency in judicial proceedings and streamline the court’s operations.
Moreover, the Senate Standing Committee on Law and Justice has approved an increase in the number of Supreme Court judges to 25, addressing concerns over the backlog of around 60,000 pending cases in the judiciary. Some dissenting voices within the committee argue for considering the underlying issues contributing to case delays, such as inefficiencies in the judicial process and lack of resources, before simply increasing the number of judges.
These legislative developments come amidst growing debates about public safety versus civil liberties. Proponents argue that the amendment is essential for national security, especially in light of increasing threats from terrorism and organized crime. Critics, however, caution against the potential misuse of expanded powers, emphasizing the need for checks and balances to protect individual rights.
The introduction of the Anti-Terrorism (Amendment) Bill 2024, alongside changes in Supreme Court procedures, marks a significant moment in Pakistan’s legislative landscape. As these bills progress, the government will need to navigate the delicate balance between enhancing security measures and upholding constitutional rights, ensuring that the rights of ordinary citizens are not compromised in the name of national security.
