New anti-terror law violates fundamental rights: LHCBA

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LAHORE: The Lahore High Court Bar Association (LHCBA) has opposed amendments to the Anti-Terrorism Act (ATA) Bill, 2026, warning that the new legislation violates fundamental constitutional rights, judicial independence, and the right to a fair trial.

In a joint statement issued on Thursday, LHCBA President Babar Murtaza Khan, Vice President Sohail Qasir Tarar and Finance Secretary Malik Ali Raza Khokhar expressed strong resentment and grave concern over the amendment to the anti-terrorism law.

Passed by the Punjab Assembly on Aug 31, 2026, the bill is currently awaiting the consent of the Punjab governor to become law.

The bar leadership highlighted specific provisions within the amendment that grant significant authority to executive officials to declare any trial a special security case. They expressed concern that the amendment provides complete confidentiality for the identities of officials and participants involved in these trials, including judges, prosecutors, defense counsel, police officers, witnesses, and other connected individuals.

They argued that the bill directly undermines key provisions of the Constitution of Pakistan including article 10-A (guarantees the right to a fair trial and due process), article 175(3) (mandates the separation of the judiciary from the executive branch), Article 4 & 15 (protect the right to be dealt with in accordance with law and freedom of movement).

The LHCBA warned that enforcing secret proceedings and giving executive officers control over judicial case assignments erodes judicial impartiality and transparency.

The LHCBA further cautioned that the law, in its current form, could be weaponized by the government for political victimisation.

The bar’s leaders called on the authorities concerned to immediately reconsider the amendment and ensure all legislation aligns strictly with constitutional guarantees, fundamental rights, and established principles of justice.

Published in Dawn, September 4th, 2026

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