A CONTROVERSY about Rangers` powers, under the Anti-Terrorism Act 1997, in the Karachi operation has continued to engage the media`s attention.

The controversy has been triggered by a Sindh Assembly resolution requiring the Rangers to seek prior permission of the chief minister before detaining abettors of terrorism. The federal government has rejected the demand and issued a notification authorising the Rangers to exercise their unfettered powers under the ATA.

To clear the dust kicked up on the issue by a war of words between the federal and Sindh governments, it is necessary to analyse two important legal questions.

First, does the ATA envisage any prior approval by the political administration at the federal or provincial level for detentionof terrorism abettors by the armed forces, civil armed forces enjoying police powers under the ATA? Secondly can a resolution by the National Assembly, senate or provincial assembly can legally curtail the powers of an investigating officer under the ATA (and even Criminal Procedure Code 1898)? In Karachi, Rangers, a federal civil armed force, is operating under ATA. They are present on city roads, under section 4 of the ATA, on the requisition of the Sindh government, though the federal government was empowered to deploy the force under its own independent authority also.

Section 4 reads as: `Calling in of armed forces and civil armed forces in aid of civil powers. It shall be lawful for the federal government to order ... the presence of ...

civil armed forces in any area for the prevention and punishment of terrorist acts` on its own or on the request of a provincial government `if, in the opinion of the provincial government, the presence of armed forces, or civil armed forces, is necessary to prevent the commission of terrorist acts in any area`.

The strict legal position is that the ATA, read with Criminal Procedure Code 1898, does not allow any extraneous interference in detentions and the resultant interrogations ofsuspects.

The provincial government may withdraw its requisition of seeking Rangers help in Karachi or the federal government may cancel its notification authorising Rangers to act under ATA, but as long as the Rangers` role remains, no curbs can be placed on its powers.

The Sindh Assembly resolution has no binding effect and merely reflects an opinion.

Raji Pervaiz Bhatti Former PSP officer Lahore