LAHORE: The federal government intends to replace the Anti-Terrorism Act 1997 with a new law so as to take over the prevention and punishment of terrorism, sectarianism and heinous crime from the provinces.
And the opinion in Punjab so far is that it would complicate the related criminal justice system, highly placed sources informed Dawn on Friday.
The sources did not disclose the reason behind the move but apprehended that if successful, it would create problems for the anti-terrorism prevention and punishment mechanism instead of improving it.
The ATA 1997 is a federal law but is being enforced by the provinces. Itrelates to prevention of terrorism, sectarian violence and punishment of such acts through special speedy antiterrorism courts whose judges are appointed by the provincial high courts.
Cases are registered by provincial police who also arrest and investigate those booked under the law for committing offences mentioned in it. In Punjab, the Counter-Terrorism Department that was established recently under the provincial IGP to exclusively fight terrorists and sectarian groups, investigate such cases which are pursued in courts, like in other provinces, by the provincial prosecution departments.
Sources say the federal government had recently sent draf t of the proposed law that intended to replace the existing ATA. A committee under an adviser to the chief minister is working on it.
The draft law mentions the establishment of a federal investigation agency and federal prosecutionauthority to investigate and prosecute terrorism and related cases in the courts of law that will continue to function in provinces in their existing form.
Sources say the idea itself is against the concept of federalism. Offences are committed in provinces that have constitutionally-backed police, prosecution and judicial systems to handle them.
The opinion so far is that instead of doing away with the existing law (and its enforcement system), the federal government should plug some of it major flaws.
One is related to investigation of inter-provincial crime and arrest of culprits from a province other than the one where they commit terrorism.
Under the present arrangement, it is the primary duty of police of an area where any act of terrorism has been committed to arrest the culprits wherever they are in the country. And they face immense problems and danger in conducting raids to arrest terrorists in other provinces because there is no institutional arrangement of seeking the required help from the police of the other provinces.
Police need local logistic support for arresting particularly hardened criminals or terrorists which may or may not be given.
`We are of the opinion that the federal government should provide in the existing ATA a federal body that can resolve such issues, and that will be enough to iron out the mechanism` a source said.