ATA bred with preventive detention clause

Islamabad:

The National Assembly on Wednesday adopted the anti-terrorism (amendment) Bill, 2024, which awarded military and civilian armed forces the authority to place individuals facing terrorism that has preventative detention for up to three months.

The bill was moved by Prime Minister of Interior and Drugs Checks Talal Chaudhry and sailed through the clause-for-clause reading with a majority vote and rejected amendments proposed by Jui-F’s Aliya Kamran while incorporating a change proposed by Opped Naved Qamar.

Section 11Eeeee in the Anti-Terrorism Act (ATA), which allows preventive detention to interrogation, was only deployed in 2014 after the Army Public School attack in Peshawar, but lapsed in 2016 due to a sunset clause. The bill reintroduces these powers, which enables detention on the basis of credible information or reasonable suspicion of disrupting planned terrorist activities.

The legislation also contains provisions on the formation of joint interrogation team (JITS), which includes members of various law enforcement and intelligence agencies to conduct extensive investigations and collect actionable intelligence.

According to the declaration of objects and reasons, the prevailing security situation “requires a robust reaction that goes beyond the existing legal framework” to equip the government, armed forces and civilian armed forces with authority to detain individuals that pose a significant threat to national security.

Previously, Parliament adopted the decision to take up the bill by 125 votes and 59 against.

According to a copy of the Bill in Subsection (1), withholding a person arrested under section 11eeeeee, including detention over three months, would be subject to the provisions of Article 10 (protection measures for 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 Order of the Gover EXCEEDING THREE MONTHS AND AFTER RECORDING REASONS THEREOF, ISSUE ORDER FOR THE PREENTIVE DETENTION OF ANY PERSON WHO HAS BEEN CONCERNED IN ANY OFFENSE During this act regarding the security or defense of Pakistan or any part thereof or public order relating to target murder, kidnapping for ransom and extinction, A reasonable complaint or credible information has been received or a reasonable suspicion has been received that he has been so concerned with the study.

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 Enforcement Agencies and for Sub -Section (2a) The following must be replaced, namely: (2a) Provisions in Subsection (1) and (2) shall remain in a period of three years of Anti-Terrorism (Change) ACT, 2025. “

The Bill also incorporated a change in subsection 2 sections 11Eeeeee (preventative detention of the study) of ATA that would give the armed forces or civilian armed forces the power to arrest a “suspicious person” for three months.

The change was moved by PPP MNA Naveed Qamar. “In clause 2, of section (a), in section 11eeeeee, section 11EEEEE in the proposed sub -section (1) for the phrase ‘a reasonable complaint has been made or credible information has been received, or there is a reasonable suspicion’, the term ‘adequate reasons’ must be replaced,” read change.

Law Minister Azam Nazeer Tarar said in parliament that this law would only be used in specific situations.

“A clause is added to the bill that there are solid reasons for arrest,” Tarar said. “The arrested person must be presented to a magistrate within 24 hours [and] A clause is also included to be enforced for a specified period of time. “

To respond to the passage of the proposal to change the ATA, PTI -President Government Gohar Ali Khan noted that a similar law was previously brought to a violation of “basic human rights”.

“The Supreme Court said these laws were in violation of fundamental rights,” Gohar said. “You can’t touch a single person in the world without a solid reason.”

PTI senior leader and former NA speaker Asad Qaiser attacked the bill and rejected it in his address.

“A new legislation has been adopted where you can be held in prison for months without permission,” he said. “These laws can be abused and will target political opponents.”

Qaiser declared that he would only have peace and trade in the country and warned that the constitution was “destroyed.”

Jamiat disadvantaged in-ice-lamin-fazl chief Maulana Fazlur Rehman complained that Pakistan’s anti-terrorism law against corruption and wrong leadership made every citizen “inherent criminals”.

“A person is arrested first and then later proven guilty. There is no room for such legislation in the world,” he said.

“Terrorism hasn’t stopped. I can’t even return to my village now,” he added.

“A guest in our area was told that extremists are in control outside. The legislation has made no difference as this parliament has no meaning. They create laws based on signals.”

Two other bills – National School of Public Policy (amendments), 2025 and Petroleum (amendments), 2025 – were also adopted. These were moved by Minister of Parliamentary Affairs Dr. Tariq Fazal Chaudhry and Minister of Petroleum Ali Pervaiz.

On the threshold of Pakistan’s 78. Independence Day, the National Assembly unanimously adopted a decision that confirmed its commitment to protecting the country’s sovereignty, territorial integrity and independence.

Moved by Dr. Tariq Fazal Chaudhry on behalf of all parliamentary parties, paid tribute to the decision to the fight and victims of the country’s ancestors during Quaid-in-Zam Muhammad Ali Jinnah, who culminated with the establishment of an independent state on August 14, 1947.

The house recognized the importance of Markaa-E-Haq, a “wonderful victory” of the brave armed forces in Pakistan in dismissive unprovoked Indian aggression, as well as the courage and professionalism of the security apparatus and civil heroes. It also recognized the unity and resilience of the people of Pakistan and paid tribute to the martyrs and Ghazis.

Confirmed Pakistan’s decision to pursue peace and friendly relations with all neighbors on the basis of equality, mutual respect and non-interference, promised the decision to defend the country’s sovereignty to any aggression and urged all citizens to work together for Pakistan’s unity, prosperity and progress.

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