6 (c) The use or threat is made for the purpose of advancing a religious, sectarian or ethnic cause, or intimidating and terrorizing the public, social sectors, media persons, business community or attacking the civilians, including damaging property by ransacking, looting, arson or by any other means, government officials, installations, security forces or law enforcement agencies, provided that nothing herein contained shall apply to a democratic and religious rally or a peaceful demonstration in accordance with law. As a result of the highly vague wording of sub-sections (b) and (c), the requirements for a case to be deemed an ‘act of terror’ have often been met in circumstances which, on objective analysis, were far removed from terrorism as properly understood. In the view of the judge in Zafar Iqbal’s case (see Case Study on page 17), for instance, “the cold blooded murder of father by his son” was “itself sufficient to create the sense of insecurity and terror in the people of the locality”. “TERRORISM IS HARDLY THE ONLY ENTERPRISE INVOLVING VIOLENCE AND THE THREAT OF VIOLENCE. SO DOES WAR, COERCIVE DIPLOMACY, AND BAR ROOM BRAWLS." Walter Laqueur, The New Terrorism: Fanaticism and the Arms of Mass Destruction, 1999 2 Whilst there is no doubt that a killing might well have an effect on those living in the locality, to deem that any such ‘fear’ or ‘insecurity’ is in itself sufficient to classify that defendant as a ‘terrorist’ – and cause him to lose a number of his fundamental rights and face almost certain conviction and death sentence in an anti-terrorism court - cannot be justified. Section 6(2) of the ATA lists a full 16 categories of action which can be considered to fall within the meaning of ‘terrorism’ as set out above. Whilst some of these are actions which would immediately be understood as ‘terrorist acts’, the list also includes the actions of extorting money (Section 6(2)(k)); disseminating ideas on FM stations without government approval (Section 6(2)(p)); inciting hatred and contempt (Section 6(2)(f)); and causing grievous damage to property (Section 6(2)(c)). Adding yet further uncertainty, the Government may add to this list at any time, without recourse to Parliament. 3