ONE would imagine that a document listing individuals described as “proscribed persons under the law” would be of paramount importance for a country in the throes of a do-or-die battle against militancy. However, the confusion surrounding the Fourth Schedule of the Anti Terrorism Act 1997, which catalogues precisely such individuals, is symptomatic of the way in which the state has approached the fight against militancy — scattered, disjointed and incoherent. For one, it seems the government has not bothered to keep the document updated. A consolidated list provided to Nacta by the provinces, GB, AJK and Islamabad contains around 8,000 names. However, according to a senior interior ministry official cited in this paper, 20pc of these people may be dead, while another 5pc have either left the country or are too old and infirm to pose any threat. Secondly, the law is not being applied even in the case of individuals included in it for apparently legitimate reasons. It is difficult to comprehend this lackadaisical approach. According to Section 11EE of the ATA, the Fourth Schedule is to include “any person who is an activist, office-bearer or an associate of an organisation kept under observation … or proscribed … or … affiliated with any group or organisation suspected to be involved in terrorism or sectarianism”.
In order to prevent such individuals from disseminating their extremist/militant ideologies, the same section of the ATA places severe limitations on their social interactions. For example, with certain caveats, they are not allowed to visit institutions where persons under 21 years of age study, receive training or are housed permanently or temporarily. The same goes for public places such as restaurants, television and radio stations or airports. Neither can they be found at the scene of public meetings or processions, or in an enclosed location in connection with any public event. Nevertheless, on Thursday the leader of the banned ASWJ, Maulvi Ahmed Ludhianvi, was invited to the inauguration in Rawalpindi of the new building of the Taleemul Quran madressah which was burnt down during sectarian violence in November 2013. At the same time, the ASWJ leader, who recently returned from Haj without any impediment, is also among the 2,021 individuals on the Fourth Schedule whose accounts were ordered frozen by the State Bank a few days ago, also under a provision of the ATA.
Inconsistencies like these, of which there are many examples, serve only to degrade and diminish the government’s efforts against militancy; and embolden the very elements it claims to be fighting. The Fourth Schedule is a vital corollary of the National Action Plan: it should be rationalised and streamlined so that action is directed where required. Only a cohesive counterterrorism effort, in which all aspects are in sync, can triumph over the complex, multilayered problem that we face.
Published in Dawn October 3rd, 2016
