THE Punjab Anti-Terrorism (Amendment) Bill, 2026, rests on a real problem. For decades, we have seen terrorism cases collapse and mass murderers go scot-free because those meant to prosecute them had no protection. Witnesses in terrorism trials withdrew their testimony, went missing, or simply refused to appear — they knew the state could not guarantee their safety. Judges hearing sensitive cases have faced threats that no amount of courage can overcome. Justice Arif Iqbal Bhatti was shot dead in his Lahore chambers in 1997, months after acquitting a blasphemy suspect. The delay in concluding such cases means that the accused are not punished and the innocent remain in jail for years. Anonymous courts and identity-shielded proceedings exist in countries, which concluded that open trials mean little if the people running them are dead or too frightened to speak.
That is the argument for the bill — but it does not answer the argument against it. A representation to the governor identifies a structural flaw that good intent cannot resolve. The bill hands the power to classify a case as a ‘special security case’ to a Grade-20 official. If the official decides that a case qualifies, control over witness coding, sealed records and video proceedings follow. It amounts to creating a parallel procedure in which the executive — and not the court — decides what constitutes a fair trial. Article 175(3) of the Constitution exists precisely to prevent this kind of arrangement. So does Article 10-A. A law that lets an official decide, without judicial oversight, whose trial gets sealed and whose witnesses get coded, can easily be abused by the government of the day. Intent does not travel with legislation once it is passed. Only the text does, and the text as summarised in the representation gives an administrative officer the authority that belongs, constitutionally, to a judge. This does not mean the bill should be shelved. It means the draft passed should not be the version that becomes law.
Published in Dawn, September 2nd, 2026
