Redefining terrorism

The Supreme Court has recommended that Parliament narrow the definition of ‘terrorism’ in existing laws. Such a move would significantly reduce the number of cases that wind up in anti-terrorism courts despite the offences having done little in the way of terrorising people. The court explains that many of the offences do not qualify to be included in the definition of terrorism under the Anti-Terrorism Act and put an extra burden on anti-terrorism courts, which delays trials of actual terrorism cases.

The judgment, authored by Chief Justice Asif Saeed Khosa, recommends that Parliament consider substituting the present definition of ‘terrorism’ with a more succinct one, in line with the international perspectives of the offence and focusing on violent activities aimed at achieving political, ideological or religious objectives. The judgement also notes that there is an international consensus on the point that the violence having no political, ideological or religious aims is “just an act of criminal delinquency, a felony, or simply an act of insanity unrelated to terrorism”.

This is perhaps best illustrated by the high number of murder and kidnapping cases that have found their way into anti-terrorism courts. Even parental kidnapping cases among divorced or separated couples have moved into the system, even though the complainants and the police officials registering FIRs are usually at a loss to explain their reasoning when asked about the insertion of the ATA clauses. On the flip side, some people believe that the insertion of the said clauses guarantees swift justice and fewer delays as compared to the ‘regular’ courts, which are also perceived as more corruptible.

The fact of the matter is that placing regular cases before anti-terrorism courts has actually corrupted the courts. Evidence of this comes from the number of cases where severe penalties based on the terrorism charges were handed down, only for them to be overturned by higher courts.

Published in The Express Tribune, November 1^st, 2019.

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