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Anti Terrorism

The Anti-Terrorism Act, 1997 aims to prevent terrorism and grants law enforcement extraordinary powers, including special courts and detention without trial. It defines terrorism broadly and includes various offenses while allowing the government to ban organizations and impose severe penalties. The Act has faced criticism for human rights violations and political misuse, with case law emphasizing the need to prove a terror element for charges to apply.

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10 views2 pages

Anti Terrorism

The Anti-Terrorism Act, 1997 aims to prevent terrorism and grants law enforcement extraordinary powers, including special courts and detention without trial. It defines terrorism broadly and includes various offenses while allowing the government to ban organizations and impose severe penalties. The Act has faced criticism for human rights violations and political misuse, with case law emphasizing the need to prove a terror element for charges to apply.

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singomillionaire
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🇵🇰 6.

Anti-Terrorism Act, 1997 (ATA)

1. Purpose & Scope


 Enacted to prevent terrorism, sectarian violence, and heinous offences like
bombings, targeted killings, etc.
 Grants extraordinary powers to law enforcement, including special courts,
detention, and surveillance.

2. Definition of Terrorism (Section 6)


Terrorism = Any act intended to:

 Strike fear among public, or


 Intimidate government or society, or
 Disrupt law & order, armed forces, or foreign governments.

Examples include:

 Suicide bombings
 Target killings
 Attacks on infrastructure
 Kidnapping for ransom
 Hate speech causing communal unrest

Not terrorism: Lawful protests, trade union strikes, or political dissent.

3. Key Provisions
A. Scheduled Offences (S.11W)

 List of terror-related crimes under First Schedule.


 Also includes crimes from PPC, Explosives Act, etc.

B. Proscription of Organizations (S.11B–F)

 Federal Govt can ban/jointly monitor outfits like TTP, LeJ, etc.
 Proscribed person can’t hold bank accounts or travel freely.
C. Special Anti-Terrorism Courts (S.13)

 Setup at federal & provincial levels.


 Must decide cases within 7 days (though delays are common).
 No bail for listed terror offences except in extreme hardship.

D. Detention Powers (S.11EEE, S.30)

 Law enforcement can detain suspects up to 90 days without trial.


 Often misused against political workers or activists.

4. Sentencing and Penalties


 Death / Life imprisonment / 10+ years depending on gravity.
 Seizure of assets, bank accounts, passport.
 Publication of names in gazette and media.

5. Criticism
 Human rights violations: Torture in custody, arbitrary arrests.
 Political misuse: Used against opposition, journalists, civil society.
 Overlap with PPC: Same offence sometimes charged under both laws.

6. Case Law
 PLD 2021 SC 600: ATA only applies if terror element is proven, not just severity.
 2023 SCMR 231: Mere possession of weapon ≠ terrorism unless linked to public fear.
 PLD 2020 SC 456: Hate speech leading to riots is terrorism.

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