Preventive detention, JIT probe become law

ISLAMABAD:

President Asif Ali Zardari on Sunday signed into law the Anti-Terrorism (Amendment) Bill, 2025, introducing stricter counterterrorism measures alongside judicial oversight to curb potential abuse of power.

"President Asif Ali Zardari has given assent to the Anti-Terrorism (Amendment) Bill, 2025," a statement by the President's House said. "This law strengthens the ability of security agencies to prevent terrorism and protect national security."

The statement underlined that, unlike arbitrary practices of the past, the law provides judicial oversight and safeguards to ensure recourse against misuse. "The amendment aims to improve counter-terrorism efforts while ensuring legal oversight and safeguards," it said.

"This is an important step in addressing Pakistan's ongoing security challenges."

The legislation amends sub-section (1) of Section 11EEEE of the Anti-Terrorism Act (ATA). It empowers the government, or, where applicable, the armed forces or civil armed forces acting under government orders, to issue preventive detention orders for up to three months, provided reasons are recorded.

According to the bill, any individual suspected of involvement in activities threatening national security or safety may be detained for inquiry.

This includes persons accused of target killing, kidnapping for ransom, or extortion. The law also clarifies that detention is applicable "against whom sufficient grounds exist of his having been so concerned, for [the] purpose of inquiry".

The bill further stipulates that any detention, including extensions beyond three months, will remain subject to Article 10 of the Constitution, which lays down safeguards for arrest and detention. If the order is issued by the armed forces or civil armed forces, the inquiry must be conducted by a joint investigation team (JIT).

"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 said.

Explaining the rationale for the amendment, the statement of objects and reasons presented in parliament highlighted that the current security environment necessitated "a robust response that goes beyond the existing legal framework".

It stressed that the re-insertion of earlier provisions in Section 11EEEE was intended "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 document argued that preventive detention based on credible information or reasonable suspicion would disrupt terrorist plots before execution.

It added that the amendment also strengthens the legal backing of security agencies to conduct operations, while ensuring investigations are carried out by JITs comprising members of police, intelligence and other law-enforcement bodies to collect actionable intelligence.