The Anti-Terrorism (Amendment) Act 2013 authorized government agencies with “extended powers to
seize, freeze and detain property or money of anyone suspected to be using it for financing terrorism.”36
It also amended the definition of terrorism to include “foreign government or population or an international organization” under the threat of terrorism37. In addition, it substituted “proscribed organizations”
with the phrase, “an organization concerned in terrorism or a terrorist.”38 Later in 2013, the Anti-Terrorism
(Second Amendment) Act 2013 was passed. It included keeping the “pre-charged detention period” for
suspected terrorists at “90 days,”; “denying passports and arms licenses to members of banned outfits,”;
considering “the carrying of explosives without a lawful reason” to be a “terrorist act”; “running illegal FM
radio stations and many other violent and suspicious activities as acts of terrorism.”39 In addition, the
detainees were prohibited to ask for release on bail or to file a petition for habeas corpus in any court of
law40. The accused were to be presented in court in-camera within 24 hours of their detention41. The
amendment also expanded the definition of the threat of terrorism to include “intimidating and terrorizing the public, social sectors, business community, security forces, government installations, officials
and law enforcement agencies” as well.42
However, despite these successive and far-reaching amendments, the ATA remains ineffective in
addressing Pakistan’s terrorism challenges. This is evidenced by the decision of the Parliament in January
2015 to establish military court trials for terrorism suspects for a period of 2 years despite the existence
of the Anti-Terrorism Courts. In March, 2017, the Parliament voted to pass the 23rd Constitutional
Amendment renewing the mandate of the military courts for an additional two years.43 It is important to
recognize that this extension was not accepted by Parliament without opposition - many argued that no
effort had been made to reform the ATA, which manifested in the failure of the Anti-Terrorism Courts.
Even the most “vehemently anti-military justice lawmakers and parliamentarians” had no alternative but
to support the proposal for another two-year extension.44
36
Sitwat Waqar Bokhari, “Pakistan’s Challenges in Anti-Terror Legislation”, Centre for Research & Security Studies: 19
37
Ibid
38
Ibid
39
Sitwat Waqar Bokhari, “Pakistan’s Challenges in Anti-Terror Legislation”, Centre for Research & Security Studies: 21
40
Sitwat Waqar Bokhari, “Pakistan’s Challenges in Anti-Terror Legislation”, Centre for Research & Security Studies: 21
41
Ibid
42
Ibid
43
Maria Kari “ No sunset for Pakistan’s Secret Military Courts” THE DIPLOMAT. 24 April 2017. Available at
<https://thediplomat.com/2017/04/no-sunset-for-pakistans-secret-military-courts/>
44
Ibid