Pakistan Act, 1952 and the Defence of Pakistan
Ordinance, 1955 were frequently used for political
objectives. Public Offices (Disqualification) Order,
1959 and Electoral Bodies (Disqualification) Order,
1959 were passed during Gen. Ayub Khan’s rule to
control political discord. The role of judiciary was by-
passed and political dissent was controlled by these
orders (Iqbal, 2006). The Suppression of Terrorist
Activities (Special Courts) Ordinance (XVIII), 1974
was presented by the Zulfiqar Ali Bhutto’s
government to specifically cope with terrorism or
terrorist activities. It was introduced in response to
“nationalist” movements in the NWFP (now Khyber
Pakhtoon Khawa) and Baluchistan. This law
established special courts for the speedy trial of
suspected terrorists. Later, after approval from
Parliament it became ‘The Suppression of Terrorist
Activities (Special Court) Act of 1975’. But this law
went against the basic concept of fair trial in several
ways especially in section 8 which pre-assumed the
guilt of the accused.
Various governments during their tenure
attempted to introduce new laws for the apprehension
and speedy trial of suspected terrorists. The Special
Courts for Speedy Trial Act XV, 1987, The Terrorist
Affected Areas (Special Courts) Ordinance, 1990 and
The Terrorist Affected Areas (Special Courts) Act,
1992 were enacted to curb heinous crimes considered
by the federal government to be terrifying, inhuman,
unethical, leading to public outrage, and creating fear
and anxiety. But various socio-political changes in
Pakistan made these laws ineffective.
Therefore, the government introduced The Anti-
Terrorism Act in 1997 in order to combat terrorism,
sectarian violence and to ensure speedy trial of
heinous crimes. To inhibit terrorist activities this Act
allowed the provincial governments to call on the
military and civilian armed forces by requesting from
the federal government. The Act also launched
Special Anti-Terrorist Courts for the speedy trial of
the heinous offenses. Besides this, The Anti-Terrorist
Act also made it mandatory to conduct the trial of the
crimes within 7 days after the submission of the case
to the court and in no more than 2 sequential
adjournments. The courts also had specific authority
to try the criminal in absentia while any appeals could
only be made in Special Anti-Terrorism Appellate
Tribunals and their judgments would be considered
final and could not be challenged in any other court
(ATA, 1997).
The Supreme Court of Pakistan made some
alterations to The Anti- Terrorism Act in the
renowned ‘Mehram Ali versus Federation of
Pakistan’ case. The Supreme Court of Pakistan
announced that Anti-Terrorism Courts would be
subject to follow similar procedural rules as regular
courts, as well as rules of evidence. Additionally, the
Supreme Court also sustained the right of appeal
against the judgments of the Anti-Terrorism courts to
the ordinary courts. Therefore, as a result of the
decision of The Supreme Court, the government had
to make amendments in the Anti-Terrorist Act and
issued The Anti -Terrorism Amendment Ordinance
1998, which assimilated the changes ordered by the
Supreme Court in the Mehram Ali versus Federation
of Pakistan case. Though the Anti-Terrorism
Amendment Ordinance 1998 dispersed the Special
Appellate Tribunals, it kept the Special Anti-Terrorist
Courts functional.
During this time, the deteriorating law and order
situation in Sindh, especially in Karachi and the
killing of Hakim Muhammad Saeed, a former
governor of Sindh in October 1998, forced the
government to make more changes to the Anti -
Terrorism laws. The Government declared a state of
emergency in Sindh, and imposed Governor’s rule
inviting the Military to establish law and order in the
province. To give it legal power, the government
launched the Pakistan Armed Forces (Acting in Aid
of Civil Power) Ordinance, 1998. This ordinance was
restricted to Sindh province and it established
Military Courts which also had authority to trial
civilians. This Ordinance also described a new crime
called Civil Commotion, which can be punishable for
up to 7 years of imprisonment or a fine, or both. Civil
commotion included creation of in-house
disturbances by violating the law, initiating or
continuing prohibited strikes, lock-outs, vehicle theft,
destruction of State or Public property, firing
weapons to create fear, extortion, acts of criminal
trespass, graffiti wall-chalking intended to create
threat, and stimulating the commission of a crime
punishable under the Pakistan Penal Code. The
Supreme Court of Pakistan in its remarkable decision
in the case of Liaquat Hussain vs. Federation of
Pakistan on February 1999 rejected the Ordinance by
declaring the Pakistan Armed Forces Ordinance 1998
unconstitutional. The Supreme Court also ruled that
no civilians could be tried in Military Courts. Though,
the government cancelled the Ordinance on April 27,
1999 it added civil commotion as a crime in the Anti-
Terrorism Act through a new Ordinance in August
1999. Because of this Ordinance, Anti-terrorist
Courts were established throughout the whole
country. Later, Nawaz Sharif’s government was
dissolved by General Pervez Musharraf on Oct. 12,
1999. General Pervez Musharraf made two
amendments to the Anti-Terrorism Ordinance 1999.
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