IT seems the fate of the Protection of Pakistan Bill is uncertain after the government has sought the input of its ally, the JUI-F, on the controversial law, even though the opposition had agreed to an amended draft. The law completed its life as an ordinance earlier this month after it was blocked in the Senate from becoming an act. It is indeed puzzling why the PML-N-led government would want the JUI-F’s feedback after six opposition parties, led by the PPP, had agreed to support the legislation after 12 of their proposed amendments had been incorporated. A JUI-F spokesman said his party “felt no urgency” to get the bill adopted by parliament. Regardless of the politicking involved, the main issue is and will remain how the sweeping powers given to the state by the law will be used, especially when it comes to safeguarding human rights. For a number of reasons, the law in its earlier form had been dubbed draconian by many political parties as well as by civil society. Some of the criticism centred on the fact that the law would legalise enforced disappearances and extrajudicial killings by the state. While the need to counter terrorism through legislation cannot be denied, care must be taken not to give the state authoritarian powers making it accountable to no one. The answer to countering terrorism is not to legalise unlawful methods for the state; it is to enforce the law across the board with respect for fundamental rights as enshrined in the Constitution as well as universal human rights. Nevertheless, in the current scenario, with a war-like situation existing in parts of the country, legal cover is needed in the battle against militancy to avoid any grey areas.

The opposition parties, particularly the PPP, had proposed amendments such as reduction in the number of days a suspect can be held in remand, guidelines for search operations and judicial oversight. If these amendments have been incorporated by the state, there is no reason to delay the law further, especially if potential human rights violations in the law have been addressed. Yet beyond the content of the law, in order to eliminate militancy in an effective, lasting fashion, the state needs to improve the legal system, particularly the prosecution. Had these elements been in evidence, there would have been no need for a Protection of Pakistan law in the first place.

Published in Dawn, June 17th, 2014