• Draft law allows terror suspects to be detained for three months or more on ‘reasonable information or suspicion’; contains three-year ‘sunset clause’
• PTI terms bill ‘unconstitutional’, Fazl warns against passing ‘flawed legislation’
• US oil deal claim stirs controversy; minister says bidding for blocks was merit-based
ISLAMABAD: Amid outcry by the opposition, the National Assembly on Wednesday passed an amendment to the anti-terrorism act, empowering the government and the armed forces to detain “terror suspects” for three months or more, on the basis of “reasonable or credible information” or a “reasonable suspicion” for the purpose of inquiry.
The draft law received flak as the opposition lawmakers criticised it for violating Article 10 of the Constitution, which provides “safeguards as to arrest and detention” and the right to fair trial. The law minister, however, disagreed and said the amendment was in line with the constitutional provisions.
The Anti-Terrorism Amendment Bill 2024, tabled by Minister of State for Interior Talal Chaudhry, states that “the government, or where the provisions of Section 4 have been invoked, the armed forces or civil armed forces… issue order for the preventive detention of any person who has been so concerned, relating to the security or defence of Pakistan or any part thereof, or public order relating to target killing, kidnapping for ransom, and extortion, bhatta, or the maintenance of supplies or services, or against whom a reasonable or credible information has been received, or a reasonable suspicion exists of his having been so concerned, for purpose of inquiry”.
As per the bill, the detention of such a person, including detention for a further period after three months, shall be subject to the provisions of Article 10 of the Constitution.
“Provided that where the detention order has been issued by the armed forces or civil armed forces under sub-section (1), the inquiry shall be conducted by the JIT, comprising a police officer not below the rank of superintendent of police, intelligence agencies, civil armed forces, armed forces and other law enforcing agencies,” it read. The amended provisions will remain in force for three years from the commencement of the Anti-Terrorism (Amendment) Act, 2024.
This amendment bill was initially introduced in November last year by the law minister and had been referred to the committee concerned for consideration. In a similar development in June, the Balochistan Assembly passed legislation giving law enforcement agencies powers to detain any person for three months without being charged.
A similar law in Khyber Pakhtunkhwa authorises the provincial government or any person authorised by it to act as the interning authority having the powers to intern a person.
According to its statement of objects and reasons, Section 11EEE of the Anti-Terrorism Act, 1997 was amended in 2014, providing the government and authorised armed forces/civil armed forces with the authority to conduct preventive detention of individuals suspected of terrorism.
“This provision was designed to empower law enforcement agencies to pre-emptively address security threats by detaining suspects for a period not exceeding three months, thereby allowing for thorough inquiries and preventing potential terrorist acts. However, this amendment was subject to a sunset clause, limiting its validity to a period of two years, which expired in 2016,” it read. It claimed that the security situation required a “robust response that goes beyond the existing legal framework”.
According to the bill, the amendment will allow the authorities to disrupt “terrorist plots before they can be executed” and provide legal backing to the law enforcement agencies to “conduct more effective operations against terrorism”.
Opposition concerns
When the bill was presented, the PTI took exception, with its interim chairman Gohar Ali Khan saying that any law contrary to the Constitution could not be passed. He said the bill violated Article 10 of the Constitution and the Supreme Court’s rulings against legislation infringing upon fundamental rights.
He pointed out that the Supreme Court had previously struck down similar provisions, as he criticised the provision of power to extend the detention of suspects from three months to six months, saying such measures eroded public trust.
JUI-F chief Maulana Fazlur Rehman said such laws effectively treat every citizen as a born criminal, allowing institutions to arrest anyone, with the burden of proof lying on the accused.
He said the precedent of passing flawed legislation must not be set, adding that terrorism was a global issue and not confined to Pakistan.
Govt defends bill
PPP lawmaker Naveed Qamar defended the legislation, saying the Constitution protected rights in normal times, but “extraordinary circumstances” required such measures to safeguard the public. He argued that with two provinces facing heightened terrorism threats, granting such powers was now essential to ensure public safety.
Law Minister Azam Nazeer Tarar also defended the legislation, saying that a similar amendment had passed the test of judicial scrutiny when it had been enacted post-APS massacre in 2014.
He claimed the detentions would only be ordered when “sufficient ground exists”, adding that under Article 10 (2) of the Constitution, a person has to be produced before the nearest area magistrate after arrest.
However, he argued that sub-section 3 gives an exception, saying it was not applicable in cases of detention for which there was a separate mechanism involving the review board comprising two high court judges. The law minister said under the Constitution, a person could be detained for three months for safety, security and national defence.
Trump’s oil claim
Another highlight of the day’s proceedings was the controversy stirred by US President Donald Trump’s claim about the discovery of massive oil reserves in Pakistan and a deal for joint development of these reserves. The government had not made any such announcement, prompting the PPP lawmakers to raise the issue through a calling attention notice.
Petroleum Minister Ali Pervaiz Malik claimed the country possessed “significant untapped natural resources”, including unconventional sources, such as tight gas, shale gas and shale oil.
He said the government had successfully concluded an onshore bidding round in April, awarding 13 exploration blocks, including two to Turkish Petroleum for the first time.
Another onshore round for 23 blocks was underway, with awards expected in October, while offshore bidding covering about 40 blocks, including in the Indus and Gwadar belt, was also progressing.
The minister said developing a single onshore exploration well required about $20-25 million in investment, while offshore wells could cost over $120m. He said Turkish, Chinese, Kuwaiti and the US companies had shown interest in exploration.
On unconventional resources, he cited studies estimating Pakistan’s tight gas potential at 30-35 trillion cubic feet, roughly equivalent to three Sui gas fields.
The minister said the policy for tight gas had been updated in 2024, adding that a USAID-supported assessment in 2015 found shale oil and gas resources in the Lower Indus Basin many times greater than Pakistan’s cumulative extraction over the past 70 years.
Answering a question, he said the bidding rounds were open to all and the government would move forward with a merit-based, transparent process, leaving many to wonder if he was refuting claims made by US President Trump about the oil deal.
When MNA Asad Niazi pointed out that President Trump had used the term ‘reserves’ and not ‘resources’, the minister conceded that these were called resources until actual drilling leads to a discovery.
Published in Dawn, August 14th, 2025