June 5, 2025
By Rehan Piracha & Ahmed Saeed
The contentious bill was introduced by Balochistan Awami Party (BAP) MPA Mir Sadiq Sanjrani during a provincial assembly session in Quetta on June 4. Despite vocal opposition from JUI-F, BNP-M, and National Party members, the ruling coalition’s numerical advantage ensured its passage, highlighting the deep political divisions over security measures in the restive province.
Chief Minister Sarfraz Bugti defended the legislation as a necessary tool to address the longstanding issue of missing persons—a problem that has plagued Balochistan for decades. “We must now prevent this issue from being misused,” Bugti declared on the assembly floor. “Now, anyone arrested will be presented before a magistrate.”
The Chief Minister outlined what he termed the bill’s protective features: detained individuals would be held in designated centers where they could meet family members and legal counsel. “If anyone disappears beyond this system, then he/she will be considered a truly missing person,” Bugti explained, emphasizing that the legislation would remain valid for six years, with provisions for a two-year extension.
Jamaat-i-Islami MPA Maulana Hidayatur Rehman raised pointed questions about accountability. While acknowledging the need to address missing persons, he questioned the bill’s true beneficiaries. “Who will be held accountable for those being killed?” Rehman demanded, noting that Counter Terrorism Department actions were visible to all and calling for broader consultation before passage.
The amended law establishes a comprehensive detention and investigation structure. Under its provisions, anyone suspected of anti-terrorism offenses may be held in preventive detention for up to three months for inquiry purposes. These investigations will be conducted by police officers of Superintendent rank or higher, or through Joint Interrogation Teams (JIT). When detention orders originate from armed forces or intelligence agencies, JITs comprising members of the concerned agency will lead the inquiry.
The legislation grants investigating officers extensive powers, including search, arrest, and property seizure authority. Detainees may be confined in detention, rehabilitation, or de-radicalization centers and can be transferred between law enforcement agencies upon written request from investigating officers.
Perhaps most controversially, the law establishes Oversight Boards comprising two civilians, two military officers, a psychiatrist, and a criminologist, chaired by the additional chief secretary (Home) or a nominated officer. These boards are tasked with assessing each detainee’s case, evaluating their “ideological disposition” and mental, physical, and psychological condition, and recommending transfers to rehabilitation or de-radicalization centers when necessary.
“The Balochistan chapter of the party sought my opinion over the Anti-Terrorism (Balochistan Amendment) Act, 2025 and I had directed the party MPAs to oppose the legislation,” Murtaza revealed. “The JUI MPAs did not support the bill and voted against it as instructed.”
Murtaza’s concerns center on constitutional violations. “The legislation violates Article 4 and Article 9 of the Constitution,” he stated, referring to fundamental rights provisions. His criticism extended beyond legal technicalities to broader governance concerns: “The ruling coalition in Balochistan is a rubber stamp of the Establishment and the adoption of Anti-Terrorism (Balochistan Amendment) Act, 2025 would be considered a black law in the country’s history.”
Rights activist Tahir Hussain, also speaking with Voicepk, questioned the legislation’s necessity and effectiveness. “There is no logic and reason for bringing out a separate anti-terrorism law in Balochistan as Anti-Terrorism Act 1997 was enforced across the country,” Hussain argued, highlighting the existence of existing federal legislation.
Hussain was particularly skeptical of the government’s stated rationale. “The government’s claim that the legislation was being brought in to resolve the issue of missing persons in Balochistan is belied by the fact that the other government institutions like the Commission of Inquiry on Enforced Disappearances have failed to hold a single personnel accountable for thousands of missing persons in the country,” he observed, pointing to the track record of existing oversight mechanisms.
The Human Rights Commission of Pakistan (HRCP) issued a strongly worded statement expressing deep concern over the legislation’s adoption. While acknowledging national security as a legitimate concern, HRCP characterized the bill’s preventive detention powers as “an unacceptable measure that undermines the fundamental rights to liberty, due process and protection from arbitrary arrest.”
The commission’s critique extended to the law’s institutional framework, particularly the role of military personnel in oversight functions. “The law further empowers security agencies to issue detention orders and lead inquiries through joint investigation teams, while the proposed oversight boards—which include military personnel—are tasked with reviewing detainees’ ideological and psychological profiles,” HRCP noted. “This framework violates the civilian law enforcement domain, blurring the lines of accountability.”
HRCP warned that granting law enforcement “unchecked authority to search, arrest and seize material during ‘inquiries’ is liable to misuse and erodes constitutional safeguards.” The organization urged the provincial government to reconsider the legislation and ensure alignment with Pakistan’s constitutional obligations under Article 10 and international human rights commitments under the International Covenant on Civil and Political Rights (ICCPR).
In November 2024, Law Minister Azam Nazeer Tarar also tabled a similar amendment bill to the National Assembly. The bill sought to authorise the armed forces and civil armed forces to detain terror suspects for up to three months without a warrant or court order, amending Section 11EEEE of the ATA. The bill is still pending in the lower house of parliament.