The National Assembly on Wednesday passed an amendment to the Anti-Terrorism Act (ATA), 1997, which reinserted powers granted to law enforcement authorities and the armed forces to detain “suspicious” individuals for up to three months.
Section 11EEEE (preventive detention for inquiry) of the ATA was amended in 2014, providing the government and authorised armed forces and civil armed forces with the authority to conduct preventive detention of individuals suspected of involvement in terrorism-related activities. However, this amendment was subject to a sunset clause, limiting its validity to two years, which expired in 2016.
In November 2024, the government quietly introduced the bill in the NA, seeking to grant military and civil armed forces the authority to keep individuals facing terrorism charges in ‘preventive’ detention for up to three months.
The bill to amend the act was moved in parliament by Minister of State for Interior and Narcotics Control, Talal Chaudhry.
In its statement of objectives and reasons, the bill read that Section 11EEEE was amended in 2014, and was designed to empower law enforcement agencies to pre-emptively address security threats by detaining suspects for a period not exceeding three months to conduct thorough inquiries
“However, this amendment was subject to a sunset clause, limiting its validity to a period of two years, which expired in 2016,” the bill read.
“Further, the current security situation requires a robust response that goes beyond the existing legal framework. 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,” it added.
“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. This will also provide law enforcement agencies with the legal backing to conduct more effective operations against terrorism,” the bill read. “It would facilitate the use of Joint Interrogation Teams (JITs), composed of members from various law enforcement and intelligence agencies, to conduct comprehensive inquiries and gather actionable intelligence.”
According to the Associated Press of Pakistan, the House passed the bill through a clause-by-clause read. Earlier, the House adopted a motion to consider the bill with 125 votes in its favour and 59 against it.
A copy of the bill available with Dawn.com stated that in sub-section (1), the detention of a person arrested under Section 11EEEE, including detention exceeding three months, would be subject to the provisions of Article 10 (safeguards as to arrest and detention) of the Constitution.
The bill outlined an amendment to sub-section (1) of Clause 2 of Section 11EEEE, which reads as follows:
“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 defence 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.”
Meanwhile, in sub-section 2, the following amendments were proposed:
“In sub-section (2), for the proviso, the following shall be substituted, namely: provided that where the detention 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 of a police officer not below the rank of superintendent of police, intelligence agencies, civil armed forces, armed forces, and other law enforcing agencies and for sub-section (2A), the following shall be substituted, namely: (2A) The provisions of sub-sections (1) and (2) shall remain in force for a period of three years from the commencement of the Anti-Terrorism (Amendment) Act, 2025.”
The bill also incorporated an amendment to sub-section 2 Section 11EEEE (preventive detention for inquiry) of the ATA — which is available with Dawn.com — which would grant the armed forces or civil armed forces the power to arrest a “suspicious person” for three months. The amendment was moved by PPP MNA Naveed Qamar.
“In clause 2, in paragraph (a), in section 11EEEE, in proposed sub-section (1), for the expression ‘a reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists’, the expression ‘sufficient grounds exist’ shall be substituted,” Qamar’s amendment read.
Law Minister Azam Nazeer Tarar said in the House that this law would only be used in specific situations.
“A clause is being added to the bill stating that there are solid reasons for arrest,” Tarar stated. “The arrested person will have to be presented before a magistrate within 24 hours [and] a clause has also been included to be enforceable for a specific period.”
More to follow.