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Govt neglect sees law against terror lapse
By Amir Wasim
Sunday, 13 Jun, 2010
Former president Gen (retd) Musharraf and his successor President Asif Zardari kept on re-promulgating the ordinance every time it lapsed after 120 days. The last time President Zardari had re-promulgated it was on Feb 1 this year.
ISLAMABAD: Due to sheer negligence of the government, the Anti-Terrorism (Amendment) Ordinance 2010 has lapsed after completing its constitutional life earlier this month, putting Islamabad in a bind vis-à-vis its anti-terror fight, Dawn has learnt.
It means all amendments made in the Anti-Terrorism Act of 1997 authorising the government to catch and try suspects involved in aiding and abetting terrorists have gone, putting a question mark on the legality of a large number of cases pending before anti-terrorism courts.
The government failed to get the ordinance re-promulgated by President Asif Ali Zardari in February passed from the parliament within the stipulated period of 120 days. And now after the passage of the 18th Amendment, the president has no powers to re-promulgate it without the approval of the National Assembly through a resolution.
Legal experts believe that the lapse of the ordinance has deprived the government of important powers under which it has been interrogating the arrested terrorism suspects and taking action against members of banned organisations.
In November last year, President Zardari had extended the Anti-Terrorism Ordinance even to the Provincially Administered Tribal Areas (Pata) of Khyber Pakhtunkhwa where security forces are hunting for militants.
It was under the lapsed ordinance that the government had acquired powers to keep persons arrested on terrorism charges in detention for 90 days without producing them before any court of law.
Similarly, under clause 14(a) of the ordinance, courts had been deprived of powers to grant bail to a person accused of an offence under the terrorism act punishable with death or imprisonment for life or imprisonment exceeding ten years.
Through this ordinance, the government had obtained the powers to seize any FM radio station for broadcasting programmes glorifying terrorists or terrorist activities.
There had been a bar on banks and financial institutions on providing any loan facility or financial support or issuing credit cards to members of proscribed outfits.
The ordinance barred members of all banned organisation from obtaining passports and travelling abroad.
Another important aspect of the ordinance was cancellation of arms licences that had already been issued to members of a banned organisation.
The ordinance was originally promulgated by former president Gen (retd) Pervez Musharraf in Nov 2002 seeking certain amendments to the Anti-Terrorism Act of 1997 for granting powers to law enforcement agencies to take action against terrorists and activists of outlawed outfits.
The former president had also extended the reach of the anti-terrorism act to those individuals seen as intimidating or terrorising the public, social sectors, business community and preparing or attacking the civilians, government officials, installations, security forces or law enforcement agencies.
The scope of the law had also been extended to persons involved in award of any punishment by an organisation, individual or group whatsoever, not recognised by the law and those involved in dissemination, preaching ideas, teachings and beliefs as per own interpretation on FM stations without explicit approval of the government or its concerned departments.
Through an amendment to Clause 12 of the act, besides provinces, the jurisdiction of the anti-terrorism courts had been extended to Islamabad Capital Territory.
BLAME GAME:
Officials of the ministries of interior and law have started blaming each other for a negligence that has brought embarrassment to the government.
A source in the ministry of law and parliamentary affairs claimed that it was the responsibility of the interior ministry to present the ordinance in the form of a bill, first before the cabinet and then the parliament.
He disclosed that Prime Minister Yousuf Raza Gilani had taken note of this serious lapse and already discussed the issue with Law Minister Babar Awan.
On the other hand, another government official said it was the job of the ministry of law to keep track of, and to inform the government in time, before the lapse of an ordinance.
Senator Raza Rabbani said the ministries concerned should have been vigilant in either getting the ordinance passed as a bill or under the 18th Amendment they should have moved a resolution in either house of the Parliament to get its life extended for another 120 days.
In reply to a question, Mr Rabbani said that with the lapse of this ordinance, the internal efforts against terrorism will be handicapped.
Former president Gen (retd) Musharraf and his successor President Asif Zardari kept on re-promulgating the ordinance every time it lapsed after 120 days.
The last time President Zardari had re-promulgated it was on Feb 1 this year.
bloody keystone cops
By Amir Wasim
Sunday, 13 Jun, 2010
Former president Gen (retd) Musharraf and his successor President Asif Zardari kept on re-promulgating the ordinance every time it lapsed after 120 days. The last time President Zardari had re-promulgated it was on Feb 1 this year.
ISLAMABAD: Due to sheer negligence of the government, the Anti-Terrorism (Amendment) Ordinance 2010 has lapsed after completing its constitutional life earlier this month, putting Islamabad in a bind vis-à-vis its anti-terror fight, Dawn has learnt.
It means all amendments made in the Anti-Terrorism Act of 1997 authorising the government to catch and try suspects involved in aiding and abetting terrorists have gone, putting a question mark on the legality of a large number of cases pending before anti-terrorism courts.
The government failed to get the ordinance re-promulgated by President Asif Ali Zardari in February passed from the parliament within the stipulated period of 120 days. And now after the passage of the 18th Amendment, the president has no powers to re-promulgate it without the approval of the National Assembly through a resolution.
Legal experts believe that the lapse of the ordinance has deprived the government of important powers under which it has been interrogating the arrested terrorism suspects and taking action against members of banned organisations.
In November last year, President Zardari had extended the Anti-Terrorism Ordinance even to the Provincially Administered Tribal Areas (Pata) of Khyber Pakhtunkhwa where security forces are hunting for militants.
It was under the lapsed ordinance that the government had acquired powers to keep persons arrested on terrorism charges in detention for 90 days without producing them before any court of law.
Similarly, under clause 14(a) of the ordinance, courts had been deprived of powers to grant bail to a person accused of an offence under the terrorism act punishable with death or imprisonment for life or imprisonment exceeding ten years.
Through this ordinance, the government had obtained the powers to seize any FM radio station for broadcasting programmes glorifying terrorists or terrorist activities.
There had been a bar on banks and financial institutions on providing any loan facility or financial support or issuing credit cards to members of proscribed outfits.
The ordinance barred members of all banned organisation from obtaining passports and travelling abroad.
Another important aspect of the ordinance was cancellation of arms licences that had already been issued to members of a banned organisation.
The ordinance was originally promulgated by former president Gen (retd) Pervez Musharraf in Nov 2002 seeking certain amendments to the Anti-Terrorism Act of 1997 for granting powers to law enforcement agencies to take action against terrorists and activists of outlawed outfits.
The former president had also extended the reach of the anti-terrorism act to those individuals seen as intimidating or terrorising the public, social sectors, business community and preparing or attacking the civilians, government officials, installations, security forces or law enforcement agencies.
The scope of the law had also been extended to persons involved in award of any punishment by an organisation, individual or group whatsoever, not recognised by the law and those involved in dissemination, preaching ideas, teachings and beliefs as per own interpretation on FM stations without explicit approval of the government or its concerned departments.
Through an amendment to Clause 12 of the act, besides provinces, the jurisdiction of the anti-terrorism courts had been extended to Islamabad Capital Territory.
BLAME GAME:
Officials of the ministries of interior and law have started blaming each other for a negligence that has brought embarrassment to the government.
A source in the ministry of law and parliamentary affairs claimed that it was the responsibility of the interior ministry to present the ordinance in the form of a bill, first before the cabinet and then the parliament.
He disclosed that Prime Minister Yousuf Raza Gilani had taken note of this serious lapse and already discussed the issue with Law Minister Babar Awan.
On the other hand, another government official said it was the job of the ministry of law to keep track of, and to inform the government in time, before the lapse of an ordinance.
Senator Raza Rabbani said the ministries concerned should have been vigilant in either getting the ordinance passed as a bill or under the 18th Amendment they should have moved a resolution in either house of the Parliament to get its life extended for another 120 days.
In reply to a question, Mr Rabbani said that with the lapse of this ordinance, the internal efforts against terrorism will be handicapped.
Former president Gen (retd) Musharraf and his successor President Asif Zardari kept on re-promulgating the ordinance every time it lapsed after 120 days.
The last time President Zardari had re-promulgated it was on Feb 1 this year.
bloody keystone cops
