February 28; PILDAT has welcomed the introduction of Anti-Terrorism (Second Amendment) Bill, 2013 in the National Assembly of Pakistan and has urged that the Government to get Parliamentary consensus for its passage before the expiry of the term of the 13th National Assembly of Pakistan on March 16, 2013.

The Anti-Terrorism (Second Amendment) Bill, 2013 is a reproduction of the earlier draft of the Anti-Terrorism Bill 2010 that was withdrawn in 2012. Such an important bill has been introduced in the National Assembly when only 20 days are left before the expiry of the term of the 13th National Assembly of Pakistan on March 16, 2013. Moreover the bill has been introduced just six (6) days after the House unanimously passed another amendment to the Anti-Terrorism Act of 1997, known as the Anti-terrorism (Amendment) Bill 2013, to strengthen provisions against terrorism-financing. It remains to be seen whether the Government will be able to create necessary consensus to pass the bill from the National Assembly and the Senate before the National Assembly completes its term.

The Anti-Terrorism (Second Amendment) Bill, 2013 is a reproduction of the earlier draft of the Anti-Terrorism Bill 2010 that was withdrawn in 2012^[1]. Such an important bill has been introduced in the National Assembly when only 20 days are left before the expiry of the term of the 13th National Assembly of Pakistan on March 16, 2013. Moreover the bill has been introduced just six (6) days after the House unanimously passed another amendment to the Anti-Terrorism Act of 1997, known as the Anti-terrorism (Amendment) Bill 2013, to strengthen provisions against terrorism-financing. It remains to be seen whether the Government will be able to create necessary consensus to pass the bill from the National Assembly and the Senate before the National Assembly completes its term.

It is worth noting here that if passed, this bill, together with the two earlier laws passed by the Parliament, the Anti-terrorism (Amendment) Act 2013 (dealing with terrorism-financing) and the Investigation for Fair Trial Act, 2013, (allowing the law enforcement agencies to use modern techniques and devices against terrorists and making e-mails, SMS, phone calls and audio-visual recordings as admissible evidence) will contribute to strengthening the anti-terrorism legal regime in Pakistan.

The Anti-Terrorism Act 2013 incorporated a broader definition of terrorism and terrorist acts which includes foreign governments or population or an international organization as well. The present bill has revised this definition further and includes acts like intimidating and terrorising the public, social sectors, business community government and security installations.

The proposed amendments in the bill aim at creating a more stringent version of the existing law and expanding the powers of the investigators and law enforcement agencies for a more effective curbing of the growing menace of terrorism in Pakistan.

The bill proposes to deny passports and licences for armaments to members of banned outfits; it also prohibits banks to give any loans or credit cards, to members of such organizations. The bill also prescribes closure of FM radio stations functioning without approval from the Government. Glorifying the terrorists has also been declared a terrorist offence. The bill also proposes forfeiture of property on a punishment of ten (10) years imprisonment while in the existing law forfeiture of property is applicable on a punishment of life imprisonment or on death sentence only. The bill proposes strict rules for proscribed organizations or persons belonging to such organisations, with a ban to form new organisation, with similar activities, under different name or join any other organisation.

One of the clauses of the bill seeks presumption of proof against the accused through which any person found with explosives will automatically be considered a terrorist till proven otherwise. Another crucial clause of the bill allows any suspected terrorist to be detained by law-enforcement agencies in �preventive detention� for up to three months. This detention cannot be challenged in any court.

Under another such clause, no court shall grant bail to an accused charged under certain penalties. This proposed clause withdraws the powers of Anti-Terrorism Courts, High Courts and the Supreme Court of Pakistan to grant bail to an accused of terrorism which these courts currently exercise under the Anti-terrorism Act, 1997.

Under this bill the Federal Government will exercise the authority to tape, trace and intercept calls or SMSs and the police will exercise the authority to summon any person for information regarding investigation. The bill also proposes that suspected persons involved in an act of terrorism shall be investigated by a police officer below the rank of sub inspector.

PILDAT�s analysis of the Anti-Terrorism (Second Amendment) Bill, 2013 can be accessed by looking at PILDAT Legislative Brief No. 18: Anti-Terrorism (Second Amendment) Bill, 2013.