The Parliamentary Committee on National Security has unanimously decided that the panel can review any law pertaining to national security of Pakistan. The committee, which met here with Senator Raza Rabbani in the chair, has also said that Anti-Terrorism Authority law could also be reviewed by the parliamentary body along with recommendations to the respective standing committee.
Talking to media after presiding over the in-camera meeting, Rabbani said that the forum has the power to send its recommendations to standing committees of both National Assembly and Senate, seeking amendments to the laws pertaining to national security. But he added that it was not mandatory for the standing committees to accept the recommendations made by the national security committee of the parliament.
He said that Anti-Terrorism Act was lying before the Senate's standing committee on interior, which was scrutinising threadbare the powers given to the military. He said that his committee would also remove the apprehensions of Senator Talha Mehmood.
In a meeting held earlier, the Senate standing committee on interior had termed several clauses of Anti-Terrorism Amendment Act as violation of basic human rights and made it clear that it could not give its nod to the bill with its eyes closed.
This is pertinent to mention that Anti-Terrorism Act was enacted in 1997 and is a brainchild of then Prime Minister Nawaz Sharif. It was intended to 'provide for the prevention of terrorism, sectarian violence and for speedy trial of heinous offences and for matters connected therewith and incidental thereto.'
On 13 August 1997, the then Interior Minister Chaudhry Shujaat Hussain presented the Anti-Terrorism Bill to both houses of Parliament, which was adopted. It was signed by the President on 17 August and came into force immediately. In 1999 the Act was amended which made it harsh.
On 31 January 2002, another ordinance was issued for the inclusion of military officers in the panel of judges to try 'terrorist' offences. This not only undermines the independence of the judiciary but makes the anti-terror law more controversial.
Among the amendments brought by the 1999 Anti-Terrorism Ordinance was the insertion of Section 7-A providing for civil commotion. It reads: '7-A. Creation of civil commotion - "Civil commotion" means creation of internal disturbances in violation of law or intended to violate law, commencement or continuation of illegal strikes, go-slows, lock-outs, vehicle snatching or lifting, damage to or destruction of state or private property, random firing to create panic, charging bhatta, acts of criminal trespass (illegal qabza), distributing, publishing or pasting of a handbill or making graffiti or wall-chalking intended to create unrest or fear or create a threat to the security of law and order or to incite the commission of an offence punishable under Chapter VI of the Pakistan Penal Code (Act (XLV of 1860).'
These anti-terrorism laws opened the door to grave violations of human rights including the right to life, the prohibition of torture, the right to liberty and security and the right to fair trial. Inter alia, they provide for the creation of anti terrorist courts and give wide powers of arrest and interrogation to the police and army. It is important to note that the existing legal and judicial system is already equipped to deal with offences referred to in the act. The problem then seems to be a lack of implementation, not a lack of laws.