By Khalid Kheshgi
NWFP Minister for Law and Parliamentary Affairs Barrister Arshad Abdullah told The News Thursday that the president had already approved Anti-Terrorism Amendment Ordinance 2009 under which the extra-judicial confession before the responsible investigative security personnel would be admissible in the anti-terrorist courts (ATAs).
“Likewise, the remand period will be extended to 90 days, comprising three phases,” the law minister said, and added that amendments were made to the Anti-Terrorism Act of 1997. Hundreds of alleged militants and their leaders including Muslim Khan, commander Mahmood Khan and others have been arrested during military operation in Swat, rest of Malakand Division and other parts of the country, but they were yet to be presented before the courts owing to certain complications in the existing anti-terrorism laws.
Arshad Abdullah said that three interrogation centres — Fizzagat, Khwazakhela and Malakand Agency — were declared sub-jails where the alleged militants had been detained. “Under the new law, an alleged militant will be deemed as terrorist right from the first day unless he proves himself otherwise,” he said and added that the “burden of proof” would now be shifted to the accused under the special law.
The provincial minister said the confessional statements by the alleged militants would be recoded in front of security personnel equal to the rank of SSP in police department and colonel in the army. It would be recognised as extra-judicial confession.
Without clarifying, the provincial minister said that the definition of terrorism had been widened whereas the militants arrested with explosives, lethal weapons and running FM channels as anti-state tools would be considered terrorists.
To a question, Arshad Abdullah said that the special law was yet to be extended to the Federally Administered Tribal Areas (Fata). However, the alleged terrorists either from tribal areas or foreign countries would be tried under the new law if arrested in the settled parts of the country. He said the NWFP government had suggested the federal government to extend the Anti-Terrorism Ordinance 2009 to the Provincially Administered Tribal Areas (Pata) including Malakand Division, which he hoped would be approved shortly.
The provincial law minister said that some quarters from human rights organisations and lawyer community might oppose the new law but there was no alternative as the ordinary persons were not willing to produce evidences against the arrested militants. “As the terrorism is a heinous crime, there must be tough laws and capital punishment for the terrorists,” he argued, adding that the British and American anti-terrorism laws were more severe.
“As the military operation in Malakand Division is nearing completion, the detained militants will now be interrogated and tried under the new anti-terrorism law. It is difficult to interrogate and try the militants during the military operation,” he said.