Forces regain extended detention powers with Senate nod

Opp denounces 'draconian' ATA amendment

ISLAMABAD:

Following its passage in the National Assembly, the Senate on Tuesday approved the Anti-Terrorism (Amendment) Bill 2025, restoring powers that allow law enforcement agencies and the armed forces to detain suspects for up to three months, a move that sparked uproar from the opposition benches.

Minister of State for Interior and Narcotics Control Muhammad Talal Badar tabled the bill, which amends sub-section (1) of Section 11EEEE of the Anti-Terrorism Act, 1997.

According to the amendment, "the government or, where the provisions of Section 4 have been invoked, the armed forces or civil armed forces… for a period not exceeding three months and after recording reasons thereof, issue order for the preventative detention of any person."

The bill states that persons suspected of activities against national security, including target killing, kidnapping for ransom and extortion, can be detained for three months, adding that it applies "against whom sufficient grounds exist of his having been so concerned, for purpose of inquiry".

Detentions extending beyond this threshold will be subject to Article 10 of the Constitution, which provides safeguards with respect to arrest and detention.

Under the new arrangement, if a detention order is issued by the army or civil forces, the investigation will be handled by a joint investigation team. "The inquiry will be conducted by no police officer below the rank of Superintendent of Police, Intelligence agencies, civil armed forces, armed forces, and other law enforcing agencies," the bill adds.

While JUI-F's Senator Kamran Murtaza attempted to move amendments, they were rejected by majority vote as the House passed the law clause-by-clause. According to its statement of objects, the current security outlook requires "a robust response that goes beyond the existing legal framework".

The bill explains that previous powers under Section 11EEEE, which lapsed in 2016 due to a sunset clause, needed 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".

The government contends the provision would allow for preventive detention based on credible information or reasonable suspicion, enabling authorities to disrupt terror plots before they mature.

'Urgency must not eclipse wisdom'

Defending the legislation, Law Minister Azam Nazeer Tarar told senators, "Currently, the country is facing the menace of terrorism and amendments proposed by Syed Naveed Qamar have already been incorporated to make it more effective."

He pointed out the bill had passed judicial scrutiny and included a three-year sunset clause. He further clarified that under Clause 2 of the amendment, the detainee would have presented before the Magistrate within 24 hours.

However, PTI's Barrister Syed Ali Zafar urged caution, stating: "Some of its clauses are against the law and Constitution, so the bill should be referred to the committee."

"Today we are being asked to amend one of the most powerful — and most controversial — laws in our statute book: the Anti-Terrorism Act," the opposition lawmaker said, adding that the law first came into being under extraordinary circumstances to protect Pakistan from extraordinary threats.

"But as lawmakers, we must always remember: every extraordinary power given to the state can both be used and misused," he cautioned.

He acknowledged that the anti-terrorism act was made to get rid of the menace of terrorism, which had destroyed the peace of the nation.

"There is no doubt that we have to eradicate terrorism from the country and punish the terrorists. There is also no doubt that we will fight against terrorism till the last and that together we will win this battle."

However, he cautioned that "urgency must not eclipse wisdom".

Barrister Ali Zafar further pointed out that the Supreme Court had examined the provisions of the existing anti-terrorism act and decided that many of its provisions were against the constitution. "It was only after that that the present law was passed, and hence there is no room for any changes in it. By adding any provision in the existing law and making it more draconian, it will only become unconstitutional."

He lamented that the amendment proposes that even an SHO and detain anybody for a period of three months in prison, and the person in prison will have no recourse to the courts. "The government can call anyone a terrorist on the grounds of public order and imprison them," he warned.

"We must ask ourselves: will this amendment make Pakistan safer, or will it weaken the constitutional rights we swore an oath to protect?"

"Our duty is twofold: on the one hand, to protect the lives of our citizens from the scourge of terrorism; on the other, to defend those constitutional freedoms without which Pakistan cannot remain a democratic state," he stressed.

"We have to do a balancing act. Security will have to be balanced against liberty and power against accountability," he added.

'No softness toward militancy'

PML-N Senator Irfanul Haque Siddiqui argued that no softness could be shown toward armed militancy. "We do not want terrorists roaming freely while innocent people are slaughtered... These acts weaken our federation and create mistrust between the people and the state."

He said lawmakers must either surrender to militants or legislate to resist them, arguing such measures can "prevent crime and also curb forced disappearances and arbitrary detentions".

Siddiqui appealed for viewing anti-terror legislation in good faith rather than as a political stick, stressing the need for transparent government-opposition communication with the public and media.