PM seeks review of bill against terrorism

Published October 4, 2013
A government official told Dawn that  Prime Minister Muhammad Nawaz Sharif wanted a balanced law which should ensure a level-playing field for both the prosecution and the defence.   — Photo by APP
A government official told Dawn that Prime Minister Muhammad Nawaz Sharif wanted a balanced law which should ensure a level-playing field for both the prosecution and the defence. — Photo by APP

ISLAMABAD: Prime Minister Nawaz Sharif asked his legal team on Thursday to review the Anti-Terrorism (Third Amendment) Bill 2013 to make it an effective piece of legislation against terrorists. But, he said the law shouldn’t be misused by law-enforcement agencies.

The federal cabinet had approved the bill on Sept 20 and the government is fine-tuning it before its presentation in parliament for approval.

Science and Technology Minister Zahid Hamid, who is said to be the legal wizard of the PML-N, briefed the prime minister at a meeting on the proposed amendments the government intended to make in the law. The amendments mainly focus on ensuring protection of witnesses and judges and effective prosecution of suspects.

A government official privy to the meeting told Dawn that the prime minister wanted a balanced law which should ensure a level-playing field for both the prosecution and the defence.

The prime minister asked Mr Hamid to make certain that his government was not criticised for introducing a draconian law and for human rights violations.

According to the official, Mr Sharif particularly asked about a provision allowing Rangers to open fire at terrorists after warning, but at the same time wanted the new law to be an effective tool in the hands of law-enforcement agencies to bring criminals to book.

Mr Hamid argued that if the government wanted to strengthen law-enforcement personnel it would have to take certain extraordinary measures, including the use of electronic data as admissible evidence. If the proposed amendments were passed by parliament, text messages, telephone calls, emails, etc, could be used as evidence against suspected terrorists, he added.

About the provision allowing Rangers to shoot terrorists, Mr Hamdi informed the meeting that the security establishment had strongly recommended this clause because they were engaged in a battle with hardened, trigger-happy criminals in Karachi. The amendment also allows security personnel to use force to prevent a terrorist act.

Under the existing law, security forces can open fire only if they are fired upon by a suspect.

Interior Minister Chaudhry Nisar Ali Khan, Information Minister Parvez Rashid and senior government officials attended the meeting.

A press note issued after the meeting said the prime minister had directed that any lacuna in the anti-terrorism laws must be removed to ensure punishment of culprits involved in heinous terrorist activities.

“There should be no gap and loophole in the anti-terrorism laws which allow terrorists to get away with dreadful crimes. We need strong, transparent but stringent laws to cope with the menace of terrorism. The required amendments must be finalised as soon as possible,” Mr Sharif said. Other important clauses recommended for the Anti-Terrorism (Third Amendment) Bill 2013 included extension of preventive detention period from 30 to 90 days for those caught under the anti-terrorism act. Crimes like extortion, target killing and kidnapping for ransom have been made part of the list of offences covered under the anti-terrorism act.

The measures for protection of judges, prosecutors and witnesses include the use of screens to shield them from public view, trial in jail premises or through video link, investigation and trial in another province, denying prisoners’ access to cellphones and expeditious disposal of cases by courts.

The recommendations approved by the cabinet have been made by a four-member committee headed by Mr Hamid and comprising Special Assistant to the Prime Minister Zaheer Ahmed, the prosecutor general of Sindh and Senator Farogh Naseem of the MQM.

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