ISLAMABAD: A discriminatory treatment of aliens in the application of Pakistan’s anti-terror law would be “questionable”, according to a former independent reviewer of the United Kingdom’s counter terrorism legislation.

Lord Alexander Carlile made the remark at a public forum on anti-terrorism laws and human rights, organized by the Pakistan Institute of Legislative Development and Transparency (Pildat) here on Thursday.

Federal Law Secretary Zafarullah Khan however countered Lord Alexander’s view that his analysis of the British anti-terror laws offered lessons to Pakistan. Barrister Zafarullah argued that Pakistan was facing an extreme situation and should handle it under its own constitutional scheme.

In his presentation at the forum Lord Alexander cited a Council of Europe’s convention under which aliens are to be treated like the natives of the country. In contrast, the Protection of Pakistan Ordinance (PPO) says that a person whose identity could not be ascertained shall be considered an enemy alien, and presumed to be waging war against Pakistan.

PPO’s constitutional life expires on June 9 and the PML-N government has been trying to turn it into an act of parliament before that date. Though the ruling party has been able to push a controversial Protection of Pakistan Bill through the National Assembly, it is facing difficulty in the Senate where the party is in minority.

Lord Alexander said the detention of foreigners under the law should be open for judicial review. The British law allows detaining suspected foreigners for a limited period, subject to a decision by a senior judge.

He opined that judges chosen to try people for terrorism ‘must be incorruptible’, should be handsomely paid and provided adequate security cover. “They should be fully trained and must know the difference between intelligence and evidence”, he remarked.

A preventive strategy should be the key element of a holistic policy, he said, describing terrorism as a behaviour, which must not be allowed to grow.

Lord Alexander also advised Pakistan to consolidate all anti-terror laws at one place. He pointed out that 50 changes had been made in the anti-terror laws since 2001, and these were not at one place.

Federal Law Secretary Zafarullah Khan noted that Pakistan was ‘confronted with an extraordinary situation’, where even the places of worship, religious leaders and minorities were not safe. He said the Protection of Pakistan Bill had been prepared in the context of a possible crackdown against militants.

He said the situation warranted an extraordinary law. He said the law will be time-bound and remain in force for three years, unless extended by both the houses of the parliament.

However, he conceded that it was not a perfect law. Improvements in the legal instrument will be made, he said.

The law secretary said the law will not be enforced throughout the country but only in places where required, and through a notification.

He questioned the logic behind expressing sympathies for those who had taken the entire country hostage.

While 90-day preventive detention was already in the law, he said the new law would allow extending the detention period on the orders of a review panel of the Supreme Court to be appointed by its chief justice. Executive magistrates will be appointed in consultation with the respective chief justices, according to the federal official.

Law Secretary Zafarullah Khan rejected the fears about misuse of the law. Though the Ordinance had been in force for four months, he said no complaint of misuse of the PPO had surfaced.

But then the official added that every law could be misused, and conceded that it was going on. Chairman of the Council of Islamic Ideology Maulana Muhammad Khan Shirani spoke about the need of drawing “a clear line between terrorism and Jihad”. According to him any movement meant to protect lives, property, honour is Jihad, and stopping such movements would amount to terrorism. Ideology cannot be changed by use of force, but change of mind was possible by adopting the path of dialogue, he said.

Law Secretary Zafarullah responding to Maulana Shirani’s assertions said armed struggle against established order and elected government was not permissible.

Former Secretary Interior Tasneem Noorani agreed that the law should conform to a given situation, but suggested that it should be periodically reviewed.

A judge of the Supreme Court should be appointed as a reviewer in cases of serious allegations of misuse of power. However, he said that it would be inappropriate not to invest the armed forces and police with ‘extraordinary powers’ for the fear that they might be misused.