ISLAMABAD: The government secured the passage of Anti-Terrorism (Amendment) Bill, 2025 in the National Assembly on Wednesday, empowering the armed forces and civil armed forces to conduct preventive detention of individuals suspected of involvement in terrorism-related activities for up to three months.
The amended law reintroduces changes to Section 11EEEE of the Anti-Terrorism Act, 1997, with a sunset clause ensuring its validity for three years.
The legislation faced strong opposition from Jamiat Ulema-e-Islam (JUIF) and Pakistan Tehreek-e-Insaf (PTI) lawmakers, who argued it would grant excessive authority to detain individuals without due process, violating fundamental rights. However, the Pakistan Peoples Party (PPP) supported the bill after an amendment proposed by Naveed Qamar was incorporated.
Previously, similar powers were granted in 2014 following the Army Public School Peshawar attack, but the provision lapsed in 2016 after its two-year sunset clause expired.
Under the amended law, the government, armed forces, or civil armed forces can order preventive detention for up to three months for suspects linked to terrorism, target killings, kidnappings, extortion, or threats to national security. Detentions beyond three months must comply with Article 10 of the Constitution, which mandates informing detainees of charges, allowing access to legal counsel, and producing them before a magistrate within 24 hours of arrest. Investigations will be conducted by Joint Investigation Teams (JITs) comprising police, intelligence agencies, and other law enforcement bodies.
The amendment reads: “The Government or, the armed forces or civil armed forces, as the case may be, subject to the specific or general order of the government in this regard, for a period not exceeding three months and after recording reasons thereof, issue order for the preventative detention of any person who has been concerned in any offence under this Act relating to the security or defence of Pakistan or any part thereof, or public order relating to target killing, kidnapping for ransom, and extortion, bhatta, or the maintenance of supplies or services, or against whom sufficient grounds exist of his having been so concerned, for purpose of inquiry.”
The provision was designed to empower law enforcement agencies to pre-emptly address threats to security by detaining suspects for a period not exceeding three months, allowing for thorough inquiries and preventing potential terrorist acts. The current security situation requires a robust response that goes beyond the existing legal framework.
The statement also says the provision would allow for the preventive detention of suspects based on credible information or reasonable suspicion, thereby disrupting terrorist plots before they can be executed.
This will also provide law enforcement agencies with the legal backing to conduct more effective operations against terrorism. It would facilitate the JITs to conduct comprehensive inquiries and gather actionable intelligence.
Law Minister said had Barrister Gohar Ali Khan read amendment to be moved by Naveed Qamar, he would not have raised objections.
He said that the law is used when law enforcement agencies and armed forces are in civil area in aid of civil power under Section 4.
Tarar also thanked Qamar for his input in re-drafting the bill.
He said that accepting amendment from the PPP lawmaker, the words “reasonable complaint and reasonable suspicion” for detention have been substituted with more water-tight words “sufficient grounds exist”.
He said that the Constitution also provides that an individual who is threat to the national security can be detained for 90 days. He said there is mechanism for ensuring civil security and judicial review.
He said under Article 10(2) of the Constitution, a person has to be produced before the nearest area magistrate after his arrest but Article 10(3) gives exception. He said it is not applicable in cases of detention for which there is a separate mechanism involving review board comprising two judges of high court. He said under the Constitution, a person could be detained for three months for safety, security and national defence.
Qamar also pointed out words “credible information”, “complaints” could not be defined that is why those are being replaced with words “sufficient grounds exist”
“If there are sufficient grounds and evidences of terrorism and state does not act, it means that state is failing in its duties,” he said.
He said that same law was also there after APS Peshawar tragedy saying any chances of misuse of law had been addressed. “I will urge the honnourable members to go along with prevailing environment so that we can control the concerning situation,” he said.
PTI Chairman Barrister Gohar Khan said that no law contrary to the Constitution could be passed saying the bill violated Article 10 of the Constitution and Supreme Court’s rulings against legislation infringing upon fundamental rights. He said the Supreme Court had previously struck down similar provisions, and criticised the provision of power to extend the detention of suspects from three months to six months, saying such measures erode public trust.
JUIF chief Maulana Fazlur Rehman criticised the law for treating citizens as “born criminals,” arguing that it shifts the burden of proof onto the accused.
He said the precedence of passing flawed legislation must not be set and noted that terrorism was a global issue, not confined only to Pakistan.
Defending the legislation, Law Minister Azam Nazeer Tarar cited rising terrorism threats and the need for preemptive measures.
PPP’s Naveed Qamar acknowledged the importance of constitutional rights but argued that extraordinary security challenges necessitate such measures.
The bill also revised the wording for detention grounds, replacing “a reasonable complaint has been received or credible information exists” with “sufficient grounds exist.”
During the lower house proceedings, a heated exchange ensued between Maulana Fazl and Minister of State for Interior Talal Chaudhry over the demolition of Madni Masjid in Islamabad, with the JUIF chief declaring that religious scholars were prepared to “shed their blood” to protect mosques. Raising the issue on a point of order, Maulana Fazl condemned the overnight demolition, stating, “The government should be ashamed of its act.”
He claimed that while authorities had agreed to reconstruct the mosque at the same site by 1 pm on Wednesday, no progress had been made. “Not only did you martyr a mosque in Islamabad, but you also did not spare copies of the Holy Quran,” he lamented.
The assembly also addressed US President Donald Trump’s recent claim about massive oil reserves in Pakistan and a potential joint development deal, which the government has not officially acknowledged.
PPP lawmakers, including Dr Nafeesa Shah, raised the matter through a calling attention notice. Energy Minister Ali Pervaiz Malik confirmed Pakistan’s untapped natural resources, including tight gas, shale gas and shale oil, and disclosed that bidding for 40 offshore oil and gas blocks is underway, with completion expected by October 2025.
He noted interest from Turkey, China, Kuwait and the US, adding that 13 onshore blocks were awarded in April, with 23 more in process.
PPP’s Aseefa Bhutto Zardari criticised the government’s decision to shut down Utility Stores, calling it an “injustice to thousands of jobless workers.”
Despite assurances to the PPP, closures continued, prompting her to urge the prime minister and cabinet to revisit the decision and strengthen the network.
Syed Naveed Qamar accused the government of misleading the House, stating, “On the one hand, assurances are given, and on the other hand, stores are being closed.”
