Bill on special powers for forces tabled in NA

The government on Friday tabled a bill seeking to revive the sunset clause of the Anti-Terrorism Act (ATA) 1997in the National Assembly that will allow law-enforcement agencies (LEAs) to not only pre-emptively detain a suspect for three months but also provide legal cover to sweeping powers for "more effective counterterrorism operations".

Soon after the APS carnage, the government had introduced the clause relating to preventive detention for inquiry for three months. However, the powers had a sunset clause of two years. Now, after a decade, the government through the interior ministry has once again tabled the bill in National Assembly, proposing to revive the same powers for the LEAs for the next two years once the bill is enacted.

In the absence of Interior Minister Mohsin Naqvi, Law Minister Azam Nazeer Tarar introduced the bill in the assembly, which was referred to the committee concerned.

The bill has been introduced as part of the government's efforts to stem the tide of violence in Khyber-Pakhtunkhwa and Balochistan. In September, the federal government had decided to grant special powers to Pakistan Army, the civil armed forces and the provincial government to combat terrorism following a surge in violent attacks in Balochistan.

Balochistan was rocked by a series of terrorist attacks on August 26, leaving over 50 people, including security officials martyred. The outlawed Balochistan Liberation Army (BLA) took responsibility of the coordinated attacks in 10 districts. Meanwhile, a surge in violent attacks has also been witnessed in Khyber-Pakhtunkhwa in the recent past.

Both the provinces have been facing law and order situation for many decades. Following the recent attacks, the federal government along with stakeholders had reviewed the security situation and discussed the response. Subsequently, the government had decided to give special powers to LEAs to make preventive detention of terror suspects for three months without FIR or court orders.

The attacks in Balochistan, which took place in the last week of August, had prompted the government to strengthen security measures. Later on, it was reported that the federal government had also mulled on giving a go-ahead to a proposal for the establishment of "internment centres" for terror suspects in the province.

Now, the government has finally tabled the bill in the assembly. According to the statement of objects and reasons, the interior minister stated that Section 11EEEE of ATA, 1997, was amended in 2014, providing the government and authorised armed forces as well as civil armed forces with the authority to conduct preventive detention of individuals suspected of involvement in terrorism-related activities.

The minister maintained that the provision was designed to empower the LEAs to pre-emptively address security threats by detaining suspects for a period not exceeding three months, thereby allowing for through inquiries and preventing potential terrorist acts. However, it read, the amendment was subject to a sunset clause, limiting its validity to a period of two years, which expired in 2016.

Further, it added, the current security situation requires a robust response that goes beyond the existing legal framework, saying the erstwhile amendment of Section 11EEEE of the act ibid are required to be re-inserted to empower the government, armed forces and civil armed forces with the necessary "authority to detain individuals who pose a significant threat to national security."

"This provision would allow for the preventive detention of suspects based on credible information or reasonable suspicion, thereby disrupting terrorist plots before they can be executed," it said. It added that the revival of the sunset clause will also "provide Law Enforcement Agencies with the legal backing to conduct more effective operations against terrorism."

The minister further added that it would facilitate the use of Joint Investigations Teams (JITs), composed of members from various law enforcement and intelligence agencies, to conduct comprehensive inquiries and gather actionable intelligence.

According to Section 11EEEE (1) of 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. It further provides that where the dentention 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 a police officer not below the rank of superintendent of police, intelligence agencies, civil armed forces, armed forces and other LEAs.

Amendment in Section 2A states that the provisions "shall remain in force for a period of two years from the commencement of the Anti-Terrorism (Amendment) Act, 2024".