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Anti-Terrorism Amdt Bill tabled in Senate

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Anti-Terrorism Bill tabled in Senate

Federal Interior Minister Rehman Malik has tabled the Anti-Terrorism Amendment Bill 2010 in Senate on Tuesday.

The Senate Interior Committee will submit a report on the bill by Friday.

According to the bill, the trial of the arrested terrorists will be held in camera. The bill puts forward that those who run illegal FM stations will also be tried under the Anti-Terrorism Bill since according to the bill resistance against law enforcement agencies will also be considered an act of terrorism. The remand of the arrested terrorists will be for 90 days.

Any attack on security forces or damage to commercial buildings will come under the Anti-Terrorism act. Terrorists will be investigated by an officer not below the rank of a sub-inspector. The investigation team will consist of five FIA officials and other members of law enforcement agencies.

Addressing the Senate session, Malik termed terrorism the biggest challenge the country is currently facing. He said that an amendment bill is imperative to counter the threat, and believes it will prove to be effective.

Malik said that extremists are trying to brainwash the youth and are challenging the writ of the state which will not be tolerated.
Commenting on the situation in Balochistan, Malik invited Balochis to join politics.

Earlier talking to the media outside the Parliament House, Malik asked the media not to sensationalise news related to target killings in Karachi. He said that not every killing in Karachi is an incident of target killing. He appealed to the media to verify information from the CCPO Karachi before airing it.

Malik further added that the enemy of Pakistan want to destabilise the country.
 
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Police to get sweeping powers under ATA amendment bill

Wednesday, July 28, 2010
Phone bugging, property forfeiture, 90-day preventive detention allowed; illegal FM channels, damage to property to be terrorist acts; trials to be held in closed-door courts
ISLAMABAD: The Anti-Terrorism Act (ATA) Amendment Bill-2010, presented by the government in the Senate, suggests giving sweeping powers to the law-enforcement agencies (LEAs), police and investigators, and making the laws more stringent against terrorists.

The bill has been referred to the Senate Standing Committee on Interior for discussion at length. Under the proposed laws, members of the proscribed organisations would neither be able to obtain passports nor allowed to travel abroad. No bank or financial institution will provide them financial assistance, loans or credit cards. Arms licences held by them would be deemed to have been cancelled. The punishment term for those involved in terror acts had been recommended to be enhanced from seven years to 10 years. The offender will also be liable to forfeiture of his property. Certain clauses have been amended under which the federal government would be authorised to trace or bug telephone calls of suspects. The police would be allowed to summon any person during the investigation process.


An amendment has been proposed in Sub-Section 6 of Clause 2 that the words intimidating and terrorising the public, social sector, business community and preparing and attacking the civilians, government officials, installations, security forces or law-enforcement agencies would be added.

Under Sub-Section 2 of Clause 2, any person possessing illegal explosive material or having an illegal link with explosives will also fall in the ambit of terrorism. Clause 3 will be replaced by clause ‘Z’ under which a person would be proceeded against under this act who awards punishment to any organisation, individual or group by taking the law into his hands or use the force unlawfully against people, groups, sects, government functionaries and LEAs or intimidate and terrorise them.

No banned organisation would be allowed to operate under new nomenclature. Any subordinate organisation would be deemed proscribed on the suspicion of having involved in the activities like those of banned organisations.

Government would have powers to issue orders for preventive detention for 90 days in connection with investigation of a person, who had remained involved in any offence under this act or a reasonable complaint had been lodged against him or a credible information or evidence has been received about his involvement in the offence. These orders could not be challenged in any court. A person found involved in the terror acts would be investigated by a police officer not less than the rank of a sub-inspector. The detainee would be produced within 24 hours before a closed-door Anti-Terrorism Court.

The FM radios found involved in promoting terrorists or terror activities would also be dealt with under the ATA. Section 21(d) suggests that no court will grant bail to the person found involved in terrorism.

Highlighting objectives of the bill, Interior Minister Rehman Malik said the increased threats of terrorism and attacks affected adversely the security situation. Therefore, more stringent laws are needed to crush terror attacks.

Muhammad Anis adds: Minister for Interior Rehman Malik moved the bill in the House requesting the Chair to suspend rules for immediate passage of the bill.

He said the bill was voice of the people and the amendment would remove grey areas in the already existing law. The minister assured that the bill would not be used for political victimisation rather it was aimed at punishing terrorists who managed their release due to shortcomings in the existing Anti-Terrorist Act.

Professor Muhammad Ibrahim of Jamaat-e-Islami (JI) objected to the arguments of the minister saying that the bill relates to future of the country, therefore, it should be discussed in detail at the House Committee on Interior.

Senator Safdar Abbasi also supported Prof Ibrahim and said legislation is prerogative of this House. He said amendments have been proposed in 25 sections; therefore, it should be discussed threadbare by the committee.

Shahid Bugti and Tahir Mashahdi also proposed proper deliberation at Committee as he stated that such laws were misused in the past. On this, the interior minister agreed with notions of the members though he requested the Chair to set a timeframe for deliberations and bring the bill back to the House.

Leader of the House in the Senate Nayyer Bokhari proposed that the committee should be given time till Friday and the bill should come to the House by Monday. After evolving consensus, Senate acting Chairman Mir Jan Jamali referred the bill to standing committee with direction to complete deliberations by Friday and place the bill before the House by Monday so that it may be discussed for next three days.
 
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Phone bugging, property forfeiture, 90-day preventive detention allowed; illegal FM channels, damage to property to be terrorist acts; trials to be held in closed-door courts

Without a court mandated warrant? Why? If the court is not going to grant them a warrant, then there is a string possibility they are doing something unethical with these laws.

Anti-terrorism laws often just mean deny civil liberties laws. These amendments will allow the government to unjustly try any body as a terrorist and get a conviction.
 
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Without a court mandated warrant? Why? If the court is not going to grant them a warrant, then there is a string possibility they are doing something unethical with these laws.

Anti-terrorism laws often just mean deny civil liberties laws. These amendments will allow the government to unjustly try any body as a terrorist and get a conviction.

These powers should be under the FIA/Ib and both need to made independent of the Federal Government with DG's appointed through joint parliamentary committee and disciplinary proceedings conducted by the SCJC.
 
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This law seems to be in violation of the constitution. Most likely shall be challenged in a court and declared null and void.
 
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Govt comes up with tougher anti-terror law
By Raja Asghar

ISLAMABAD, July 27: The government brought a tougher antiterror law to parliament on Tuesday in an urgent response to a new wave of violence in the country, with Interior Minister Rehman Malik showing both an iron fist and an olive branch to Baloch insurgents.
The minister, who introduced the Anti-terrorism (Amendment) Bill — based largely on a lapsed presidential ordinance — in the Senate, wanted the upper house to pass it immediately so the government could use its stringent provisions he called “voice of the people of Pakistan” at the earliest, but later agreed to give a house standing committee up to August 2 to study the draft and come up with its report.

The opposition and some government allies had sought time to study the implications of 25 amendments proposed in the Anti-terrorism Act of 1997 and compare them with the original document, before the leader of the house Nayyar Hussain Bokhari came with a compromise date of August 2, although Deputy Chairman Jan Mohammad Jamali, who was chairing the proceedings, had at one point agreed to set an earlier deadline of Friday while proposing that the concerned standing committee also consult some prominent legal figures of different parties in the house.

The bill needs to be passed also by the National Assembly — expected to begin its next session on August 9 — and assented to by President Asif Ali Zardari to become law, which will revive the lapsed decree’s provisions such as empowering the government to detain suspects for up to 90 days which will not be challenged before any court, seize FM radio stations glorifying terrorists or terrorist activities, and ban groups formed with new names linked to proscribed organisations, barring courts to grant bail to persons accused of offences punishable with death or imprisonment exceeding 10 years, and placing the burden of proof of innocence on the accused regarding possession of explosive substances, involvement in an offence of terrorism in an area where armed forces are deployed, and about properties disproportionate to the known income of a convict.

But the interior minister said “best of the best legal experts” had given their input for the draft and assured the house it would not be misused for political victimisation. The bill came only a day after several senators from both the opposition and government benches called for a more serious approach to counter terrorism at the opening of the house session, with the ruling PPP’s Raza Rabbani calling for more stringent laws with care not to compromise human rights.

A statement of objects and reasons with the new bill said: “Growing menace of terrorism and attacks on armed forces, civil armed forces, law-enforcement agencies, civil and government offices and installations have adversely affected the security situation.

“The extra-ordinary circumstances demand more stringent laws to curb the terrorist violence and to punish those found involved with a view to creating adequate deterrence.” The Anti-Terrorism (Amendment) Ordinance 2010 had lapsed in early June after completing its constitutional life as it could not be re-promulgated a second time without approval of the National Assembly as a consequence of the Eighteenth (Constitution) Amendment.

The minister, in a speech later to wind up a debate on recent incidents of violence — like the assassination of a Baloch politician, former senator Habib Jalib Baloch and the weekend murder of the only son of Khyber Pakhtunkhwa Information Minister Mian Iftikhar Hussain — said the government would “leave no stone unturned” to defeat those “bleeding” Pakistan in the Malakand division of Khyber Pakhtunkhwa, Fata and Balochistan.

But he devoted most of his speech — before the house was adjourned until 4.30pm on Wednesday — to separatist Baloch insurgents who, he said, had formed so-called armies and wanted to break up Pakistan with foreign help he promised to disclose in incamera briefings.

Against them, he said, “Pakistani law-enforcement agencies have a right to react”, though he added: “The forces have been asked not to react (yet).” But he said there could be no compromise with the insurgents unless they give up their secessionist designs and assured the house they would be defeated like Taliban militants in Malakand. “I offer them to let us join and hoist and salute the Pakistan flag … and we will give them whatever they demand,” the minister said rhetorically. “They will get nothing by opposing Pakistan.” Mr Malik said the insurgents were targeting not only security forces, settlers from other parts of Pakistan like Punjab and Sindh but also “pro-Pakistan Balochis like Mr Jalib and activist Maula Bakhsh Dashti.

He blamed about 200 killings on insurgents from January to July 20, including three army officers, 21 Frontier Corps personnel, 27 police, 26 Punjabis, 21 Pakhtuns, 12 Sindhis and 112 others.
 
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And now it’s not wrong with people going missing ‘cause now IT’S THE LAW!. I get this feeling that its just another ploy to please the external powers, the U.S and to piss on SC and tell him it’s raining.
 
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Where's the independent oversight? where's the checks and balances?

This bill seems open to abuse in a country where transparency and human rights seem to be very suspect.
 
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they have to be kidding ..what wrong have he pakistani people done.to impose such a thing ... i hope they revise it,
 
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The offender will also be liable to forfeiture of his property. Certain clauses have been amended under which the federal government would be authorised to trace or bug telephone calls of suspects. The police would be allowed to summon any person during the investigation process.

open to abuse, no oversight... Very fishy. The part about the property is very dubious, and open to abuse. As is the use of interprets.

An amendment has been proposed in Sub-Section 6 of Clause 2 that the words intimidating and terrorising the public, social sector, business community and preparing and attacking the civilians, government officials, installations, security forces or law-enforcement agencies would be added.
Interesting lets see how this is interpreted, apparently im guessing a rally against the present admin would also fall under this interpretation.

Under Sub-Section 2 of Clause 2, any person possessing illegal explosive material or having an illegal link with explosives will also fall in the ambit of terrorism.

You see, this bit makes no sense. Fire works are also explosives, what is to say people with fireworks on Shaba barat or weddings will not be detained under this law.


No banned organisation would be allowed to operate under new nomenclature. Any subordinate organisation would be deemed proscribed on the suspicion of having involved in the activities like those of banned organisations.

I like this.

Government would have powers to issue orders for preventive detention for 90 days in connection with investigation of a person, who had remained involved in any offence under this act or a reasonable complaint had been lodged against him or a credible information or evidence has been received about his involvement in the offence. These orders could not be challenged in any court. A person found involved in the terror acts would be investigated by a police officer not less than the rank of a sub-inspector. The detainee would be produced within 24 hours before a closed-door Anti-Terrorism Court.

90 days ? On a Reasonable complaint? What is to say what qualifies as reasonable? again open to interpretation.

These orders could not be challenged in any court.
Welcome to the police state, all bow before Zardari and his cerberus "Gillani, Kurishi and Rehman".



He said the bill was voice of the people

There is plenty in this bill that this "person" does not approve of.
 
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I don't think this bill will pass though senate and even if it does then Supreme Court might make it null and void.
 
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