Definition of Terrorism and its impact on Criminal Justice System: A Critical Review

Abstract

Evolution of legislation on terrorism can be traced back to 1971, when Mr. Zulfiqar Ali Bhutto felt threats to existence of Pakistan and his government. First ever law on terrorism; Suppression of Terrorist Activities (Special Courts) Act was introduced in 1975. It did not have any definition of the term terrorism, however. It was followed by few other laws promulgated from to time. 
 Terrorism in Pakistan had various manifestations that included sectarian, ethnic, religious and political. Decade of 1990 was marked by sectarian terrorism in Pakistan. Anti-Terrorism Act was promulgated in 1997 to curb terrorist activities. Terrorism was defined in any statute for the first time in history of Pakistan. The Act was amended many times till date. There are, however, few flaws in the definition of terrorism in ATA, 1997; which impact criminal justice system of Pakistan. Police misuses ATA and registers cases under this law to increase the gravity of the issues. It results in increase of work load on special courts, leading to delay in dispensation of justice. Prosecution is not independent, as it was envisaged to be. They do not have active role to play in the case; while at the time of registration of FIRs, during investigations and while bringing forth witnesses and forensic evidence before the courts. There is no regular and effective coordination between all three components of criminal justice system of Pakistan at top level. Due to faulty FIRs, in absence of witnesses, because of faulty investigation and sometimes judicial corruption; the courts dismiss the cases. Mostly the nominated culprits are released on the orders of the courts. In this scenario, there is dire need to amend the definition of terrorism in ATA, 1997. The same has been desired by the apex court of the country as well, in its landmark judgment of October 2019.