ATA rearmed with preventive detention clause | The Express Tribune

ISLAMABAD:

The National Assembly on Wednesday passed the Anti-Terrorism (Amendment) Bill, 2024, granting military and civil armed forces the authority to place individuals facing terrorism charges under preventive detention for up to three months.

The bill was moved by Minister of State for Interior and Narcotics Control Talal Chaudhry and sailed through clause-by-clause reading with a majority vote, rejecting amendments proposed by JUI-F’s Aliya Kamran while incorporating an amendment suggested by PPP’s Syed Naveed Qamar.

Section 11EEEE of the Anti-Terrorism Act (ATA), which allows preventive detention for questioning, was first inserted in 2014 after the Army Public School attack in Peshawar but lapsed in 2016 due to a sunset clause. The bill reintroduces these powers, enabling detention on the basis of credible information or reasonable suspicion to disrupt planned terrorist activities.

The legislation also provides for the formation of Joint Interrogation Teams (JITs) comprising members of various law enforcement and intelligence agencies to conduct comprehensive inquiries and gather actionable intelligence.

According to the statement of objects and reasons, the prevailing security situation “requires a robust response that goes beyond the existing legal framework” to equip the government, armed forces, and civil armed forces with the authority to detain individuals posing a significant threat to national security.

Earlier, the House adopted the motion to take up the bill with 125 votes in favour and 59 against.

According to a copy of the bill, in sub-section (1), the detention of a person arrested under Section 11EEEE, including detention exceeding three months, would be subject to the provisions of Article 10 (safeguards as to arrest and detention) of the Constitution.

The bill outlined an amendment to sub-section (1) of Clause 2 of Section 11EEEE, which reads as follows: “The Government or, where the provisions of section 4 have been invoked, the armed forces or civil armed forces, as the case may be subject to the specific or general order of the Government in this regard, for a period not exceeding three months and after recording reasons thereof, issue order for the preventive detention of any person who has been concerned in any offence under this act relating to the security or defence 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 reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists of his having been so concerned, for purpose of inquiry.”

Meanwhile, in sub-section 2, the following amendments were proposed: “In sub-section (2), for the proviso, the following shall be substituted, namely: provided that where the detention order has been issued by the armed forces or civil armed forces under sub-section (1), the inquiry shall be conducted by the JIT comprising of a police officer not below the rank of superintendent of police, intelligence agencies, civil armed forces, armed forces, and other law enforcing agencies and for sub-section (2A), the following shall be substituted, namely: (2A) The provisions of sub-sections (1) and (2) shall remain in force for a period of three years from the commencement of the Anti-Terrorism (Amendment) Act, 2025.”

The bill also incorporated an amendment to sub-section 2 Section 11EEEE (preventive detention for inquiry) of the ATA which would grant the armed forces or civil armed forces the power to arrest a “suspicious person” for three months.

The amendment was moved by PPP MNA Naveed Qamar. “In clause 2, in paragraph (a), in section 11EEEE, in proposed sub-section (1), for the expression ‘a reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists’, the expression ‘sufficient grounds exist’ shall be substituted,” the amendment read.

Law Minister Azam Nazeer Tarar said in the house that this law would only be used in specific situations.

“A clause is being added to the bill stating that there are solid reasons for arrest,” Tarar stated. “The arrested person will have to be presented before a magistrate within 24 hours [and] a clause has also been included to be enforceable for a specific period.”

Reacting to the passage of the motion to amend the ATA, PTI Chairman Barrister Gohar Ali Khan noted that a similar law was brought previously and branded it a violation of “fundamental human rights”.

“The Supreme Court said these laws were contrary to fundamental rights,” Gohar said. “You cannot touch a single person in the world without a solid reason.”

PTI senior leader and former NA speaker Asad Qaiser assailed the bill and rejected it in his address.

“A new legislation has been passed, where you can be kept in prison for months without permission,” he stated. “These laws can be misused and will target political opponents.”

Qaiser stated that he only wanted peace and commerce in the country, warning that the Constitution was being “destroyed”.

Jamiat Ulema-i-Islam-Fazl chief Maulana Fazlur Rehman lamented that Pakistan’s anti-terrorism legislation against corruption and mismanagement made every citizen “inherently criminals”.

“A person is first arrested and then later proven guilty. There is no room for such legislation in the world,” he said.

“Terrorism has not stopped. I cannot even return to my village now,” he added.

“A guest in our area was told that extremists are in control outside. Legislation has made no difference, as this parliament has no importance. They create laws based on signals.”

Two other bills — the National School of Public Policy (Amendment) Bill, 2025, and the Petroleum (Amendment) Bill, 2025 — were also passed. These were moved by Minister for Parliamentary Affairs Dr Tariq Fazal Chaudhry and Minister for Petroleum Ali Pervaiz respectively.

On the eve of Pakistan’s 78th Independence Day, the National Assembly unanimously adopted a resolution reaffirming its commitment to safeguarding the country’s sovereignty, territorial integrity, and independence.

Moved by Dr Tariq Fazal Chaudhry on behalf of all parliamentary parties, the resolution paid tribute to the struggle and sacrifices of the nation’s forefathers under Quaid-i-Azam Muhammad Ali Jinnah, culminating in the creation of an independent state on August 14, 1947.

The House recognised the significance of the Markaa-e-Haq, a “glorious victory” of the valiant armed forces of Pakistan in repelling unprovoked Indian aggression, as well as the courage and professionalism of the security apparatus and civil heroes. It also recognised the unity and resilience of the people of Pakistan and paid homage to the martyrs and ghazis.

Reaffirming Pakistan’s resolve to pursue peace and friendly relations with all neighbours on the basis of equality, mutual respect, and non-interference, the resolution pledged to defend the country’s sovereignty against any aggression and called upon all citizens to work collectively for Pakistan’s unity, prosperity, and progress.