ATA tweaks to partially resolve missing persons issue: PM adviser
1. Rana Sanaullah says lack of authority for LEAs benefits terrorists at cost of great threat to security of people and country
**ISLAMABAD:** Adviser to the Prime Minister on Political Affairs, Rana Sanaullah, stated that proposed amendments to the Anti-Terrorism Act (ATA) could help address the issue of missing persons while also strengthening measures against terrorism, according to *The News*.
In an interview, Sanaullah explained that giving law enforcement agencies (LEAs) the authority to detain suspected terrorists for up to three months would legally empower both civil and military agencies to arrest those suspected of terrorism. He noted that the absence of such authority has previously led to issues involving missing persons.
This statement follows the recent introduction of the Anti-Terrorism (Amendment) Bill 2024 in the National Assembly. The amendment, proposed by Federal Minister for Law and Justice Azam Nazeer Tarar on behalf of Interior Minister Mohsin Naqvi, seeks to replace Section 11EEE of the 1997 Anti-Terrorism Act. It would grant LEAs the power to detain suspects for three months based on credible information or reasonable suspicion.
The proposed amendment has drawn criticism from the Human Rights Commission of Pakistan (HRCP), which expressed concerns about potential violations of due process. The HRCP called the bill a “gross violation of the right to due process” and highlighted that it permits detention based solely on suspicion, without judicial oversight.
"The HRCP strongly urges the government to withdraw this bill and develop legislation that cannot be misused to infringe on citizens' fundamental rights," the HRCP said in a statement.
Sanaullah elaborated that both military and civilian LEAs, particularly in regions like Khyber Pakhtunkhwa and Balochistan, have faced significant challenges in countering terrorism without the legal right to detain suspects. He recalled that during his tenure as interior minister, former Army Chief General (retired) Qamar Javed Bajwa supported the need for a legal framework to detain suspected terrorists, which, he said, would help alleviate the issue of missing persons.
He added that previous efforts under the Pakistan Democratic Movement (PDM) government included discussions with military and other stakeholders to develop a strategy to address the issue. However, necessary legislation was stalled due to concerns over potential backlash from the media and civil society groups.
According to *The News*, there were attempts as far back as June 2022 to work out a legal approach to tackle the issue of missing persons, which has raised human rights concerns and caused political embarrassment. Both the civil government and security establishment reportedly agreed on the need for a balanced solution to ensure public security without violating citizens' rights.
During the previous administration, a high-level ministerial committee, chaired by Sanaullah, was formed to address this issue by consulting stakeholders, including the judiciary, security agencies, and families of missing persons. The committee, however, could not finalize its proposals, largely to avoid public controversy.
