The Senate on Tuesday passed an amendment to the Anti-Terrorism Act, 1997, granting law enforcement authorities and the armed forces the power for preventative detention of individuals for up to three months.
The amendment was already passed by the National Assembly last week and will become law following the assent of President Asif Ali Zardari.
Minister of State for Interior and Narcotics Control Muhammad Tallal Badar moved the Anti-Terrorism Amendment Bill, 2025 in the Upper House. “The government or, where the provisions of section 4 have been invoked, the armed forces or civil armed forces, as the case maybe, 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 preventative detention of any person,” states the amendment to Section 11EEEE(1) of the ATA.
Under the amended law, any person suspected of activities against national security or safety can be detained for up three months for the purposes of inquiry. Any individual requiring detention more than three months would be subject to the provisions of Article 10 (safeguards as to arrest and detention) of the Constitution. It further states that if the detention order is issued by the Army or civil forces, the investigation would be conducted by a joint investigation team.
The bill attracted the ire of the opposition, similar to objections to its passage in the Lower House. JUIF Senator Kamran Murtaza moved certain amendments to the bill, which were rejected with majority of votes. PTI’s Ali Zafar sought to refer the bill to committee for further deliberations, but PMLN’s Irfan Siddiqui and PPP’s Sherry Rehman both noted that it was discussed threadbare in the Lower House and did not require further debate.
Government lawmakers have defended the bill, stating the prevailing security situation requires actions that go beyond the existing legal framework. The bill, they said, could potentially thwart terrorist plots.
According to Law Minister Azam Nazeer Tarar, the amendment has a three-year sunset clause. It also requires any detainee to be presented before a magistrate within 24 hours.
A similar clause was inserted into the ATA in 2014, but it expired in 2016 due to a two-year sunset clause.