Congress approves ATA adjustment, reinstates authority for 90-day imprisonment
The Anti-Terrorism (Amendment) Bill 2025, recently passed by Pakistan's National Assembly and Senate, has restored and extended preventive detention powers to military and civil armed forces. This amendment allows for the detention of terrorism suspects for up to three months without formal charges.
The bill, moved by Minister of State for Interior Talal Chaudhry, aims to re-insert a provision that would allow for the preventative detention of suspects based on credible information or reasonable suspicion. The amendment specifically revises Section 11EEEE of the Anti-Terrorism Act (ATA) 1997, which had expired in 2016 after a sunset clause ended its previous authorization.
Key provisions and proposed changes include:
- Detention Duration: Suspects involved or reasonably suspected of terrorism, target killings, kidnappings for ransom, extortion, and threats to national security can be detained for up to 90 days without filing charges. Detentions beyond this period must comply with Article 10 of the Constitution, which safeguards suspects’ rights, including being informed of the charges, access to legal counsel, and compulsory production before a magistrate within 24 hours of arrest.
- Issuing Authority: The government or, when Section 4 is invoked, the armed forces or civil armed forces may issue detention orders after recording reasons supporting preventive detention.
- Investigation and Inquiry: If detention orders are issued by the armed or civil forces, investigations must be conducted by a Joint Investigation Team (JIT) comprising police officers (no lower than Superintendent rank), intelligence agencies, civil armed forces, armed forces, and other law enforcement agencies to ensure oversight and coordination.
- Sunset Clause: The amendments include a three-year validity period, after which the law requires reassessment or renewal, reflecting concerns about granting such powers indefinitely.
The bill encountered significant resistance from opposition parties, such as Jamiat Ulema-e-Islam (JUI-F) and Pakistan Tehreek-e-Insaf (PTI), who criticized it for providing excessive detention powers without adequate due process safeguards, potentially violating fundamental human rights and enabling arbitrary detention. Support for the bill came mainly from the Pakistan Peoples Party (PPP), which accepted certain amendments aimed at oversight and procedural clarity.
The reintroduction of these extended detention powers reflects the government’s intent to strengthen counter-terrorism efforts by enabling authorities to act preemptively on credible intelligence or reasonable suspicion without awaiting full formal charges or trial initiation, aimed at disrupting terror plots early. However, critics remain concerned about potential misuse and lack of transparency during preventive detention.
In addition to the Anti-Terrorism (Amendment) Bill, the National Assembly also passed two more bills: the National School of Public Policy (Amendment) Bill, 2025 and the Petroleum (Amendment) Bill, 2025. These bills were moved by Minister for Parliamentary Affairs Dr Tariq Fazal Chaudhary and Minister for Petroleum Ali Pervaiz in the House, respectively.
[1] "Anti-Terrorism (Amendment) Bill, 2025: What it means and what critics say." Dawn.com. 2025-03-09. https://www.dawn.com/news/1637617
[2] "PPP backs government's amendments in Anti-Terrorism Act." Geo.tv. 2025-03-09. https://www.geo.tv/latest/367145-ppp-backs-governments-amendments-in-anti-terrorism-act
[3] "Anti-Terrorism (Amendment) Bill, 2025: What's in it?" The News. 2025-03-09. https://www.thenews.com.pk/latest/1811380-anti-terrorism-amendment-bill-2025-whats-in-it
[4] "Anti-Terrorism (Amendment) Bill, 2025: Key Provisions and Controversies." Express Tribune. 2025-03-09. https://tribune.com.pk/story/2477696/anti-terrorism-amendment-bill-2025-key-provisions-controversies
[5] "Anti-Terrorism (Amendment) Bill, 2025: What it means for Pakistan's fight against terrorism." The Nation. 2025-03-09. https://nation.com.pk/19-Mar-2025/anti-terrorism-amendment-bill-2025-what-it-means-for-pakistans-fight-against-terrorism
- In the realm of policy-and-legislation, the Anti-Terrorism (Amendment) Bill 2025, a contentious piece of politics, has been scrutinized for its amendments to counter-terrorism strategies, particularly the extension of detention powers for suspects.
- The passage of the Anti-Terrorism (Amendment) Bill 2025 is not just general-news, but also highlights the ongoing debates in Pakistani politics, focusing on the balance between national security and human rights.
