Forces armed with special powers in Balochistan

The federal government has granted special powers to Pakistan Army, the civil armed forces and the provincial government to combat terrorism following a surge in violent attacks in Balochistan, it emerged on Thursday night.

The decision has come after a series of deadly assaults in the province, where terrorists killed 21 civilians after checking their identity cards and targeted personnel from the Frontier Corps (FC) and Pakistan Army. The attacks, which took place in the last week of August, prompted the government to strengthen security measures.

Sources in the government revealed that the federal cabinet has given full backing to the provincial government and vowed to implement the Anti-Terrorism Act (ATA) of 1997 in letter and spirit in a recent meeting, saying the law empowers security forces to preemptively detain individuals suspected of posing a threat to national security.

They said that vast powers are already given in Section 11EEEE (preventive detention for inquiry) of the ATA but they can further be amended to further give legal protection to security forces for conducting more effective counterterrorism operations in Balochistan and in the areas where required.

Additionally, they said, the ATA allows formation of joint investigation teams (JITs) comprising intelligence and law enforcement agencies, saying the teams can carry out in-depth investigations and gather crucial information to prevent terrorist activities.

One source in the government while confirming the move said that several powers have already been given in the ATA and all the federal cabinet has done is to invoke section 4 (calling in of armed forces and civil armed forces in aid of civil power) of ATA.

According to Section 11EEEE(1) of the ATA, 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 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 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.

It further provides that the detention of such person, including detention for further period after three months, shall be subject to the provisions of Article10 of the Constitution. The clause (3) of the section states that the detenue shall be produced in camera before the presiding officer of the court or in his absence before the District and Sessions Judge or the Magistrate appointed under the Shariah Nizam-e-Adl Regulation, 2009, within 24 hours of his detention, and before the presiding officer of the court if and when any extension in the period of detention is requested.

Clause 4 says that during inquiry, the concerned police officer not below the rank of Superintendent of Police or equivalent officer of the law enforcement agencies or the members of Joint Interrogation Team (JIT) as the case may be, shall have all the powers relating to search, arrest of persons and seizure of property, and other relevant material connected with the commission of offence and shall have all the powers as Police Officer has in relation to the investigation of offences under the Code or any other law for the time being in force.

The details have surfaced on the heels of a press conference by the DG ISPR. In the press conference, the DG ISPR said that the army is aware of the feelings of deprivation and the perception of state oppression in Balochistan, which certain external forces manipulate for negative purposes.

The military spokesperson said that these forces aim to disrupt the ongoing development and welfare projects in Balochistan through fear and intimidation, vowing the state will deal with the enemies of citizens' lives, property and progress with an iron hand. He noted that a negative narrative is being built about the lack of real representation in Balochistan, and the rhetoric is rooted in a sense of deprivation.

The federal cabinet has swung into action following the attacks and mass protests by the Baloch Yakjehti Committee (BYC), a local Baloch group, showing the government's efforts to respond to the deteriorating security situation in the province.

The information minister was repeatedly approached for comments but he did not take the call.