By Afshain Afzal

Through the Act of provincial assembly, the foreign powers through pressure tactics including Western and neighbouring India and Iran have implement a drive to de-radicalize or eliminate those following Islamic ideology that supports enforcement of Islamic Sharia and social equality against modern life style leading to secularism. The recent amendment in Anti-Terrorism Act has created thousands of jobs for retired and serving military officers, psychologists, and civilians in Balochistan. Nevertheless, these jobs are not for the youth of Balochistan or those who believe Islam as complete code of life. Through the Amendment Act, 2025, the Balochistan Assembly has empowered federal armed and civil forces to act in the province, issue detention orders without the approval of Federal Government for six years, which is extendable for a further period of two years by the Government of Balochistan through notification in the official Gazette. Carefully crafted to dent the federation and high standard of Islamic democracy and human rights, the bill has, in fact, legalized state terrorism, interference into privacy and freedom of speech and movement. The bill authorizes Provincial Government to notify any Intelligence agency or Detaining Authority in the official gazette to effect violations against rights guaranteed in the Constitution.

Vested with all powers relating to search, arrest, and seizure of property and other materials under the Code of Criminal Procedure, 1898, or any other applicable law, the law provides that these powers will be exercised by Police and law enforcement agencies officers not below the rank of Superintendent of Police or equivalent but for the members of JIT no such condition has been given. Where the new law provides establishment of government notified of detention or rehabilitation or de-radicalization centers and in-charge thereof, the Detaining Authority upon a written request by the investigating agency or investigating officer, the detainee can be handed over to any law enforcement agency for the purpose of investigation, if he is alleged to be involved in any scheduled offence under this Act or any other cognizable offence. The Detaining Authority at its own or on the written request of the person confined or his relatives, may or may not withdraw the order of burrial on certain condition on the basis of offence attempted or committed, previous and present conduct, impact of counseling, background and affiliations of the person.

Ironically, on the nomination of Chief Minister Oversight Boards, comprising two civilians, two military officers, a psychiatrist, and a criminologist have been established to take notice of any complaint or information in respect of any degrading treatment of any person detained or any torture or any in-dignified treatment. Interestingly, the Board with fixed mission and agend would also be responsible to impart training and awareness regarding human rights standards and laws applicable on the conduct of preventive detention. One wonder, how role of judiciary has been eliminated and there is also no mention inspection by International and human rights organizations. Our memories have not faded away how whole population of former Tribal Areas were displaced and made homeless in their own country. Many of them are still not allowed to return to their homes and exercise rights over their properties.

The Pakistani citizens of provinces especially Balochistan have been deprived of their rights under Article 10 of Constitution of the Islamic Republic of Pakistan. These rights may be made effective after three months if any extension in detention is made beyond said initial period. The rules have been made simple to detain anyone and carryout detailed investigations including probe into his or her properties and possessions on mere receipt of a reasonable complaint or credible information, or a reasonable suspicion. There is a long list of grounds of detention without warrants or prior permission from judiciary if complaint is concerning in any offence relating to the security of Province or defence of Pakistan, attacks on law Enforcement Agencies, installing and detonating IEDs, damage to vital installations, or any part thereof, or public order relating to target killing, kidnapping for ransom, sectarian attacks on minorities, ethnically motivated killings, facilitating/aiding & abetting criminals involved in acts of terrorism and extortion/Bhatta, or the maintenance of supplies or services. It is right time that people and elected members of Balochistan must seriously reconsider the back Act they passed through Anti-Terrorism (Balochistan Amendment) Act, 2025. The UNO and other bodies must not remain silent to allow legitimization of terrorism and human rights violations.