Defining Terrorism: Its (Mis)Application and Implications in Pakistan

<p class="first" id="d168639e65">The Anti-Terrorism Act, 1997 (ATA) mainly governs the anti-terror legal regime of Pakistan. This paper debates that the definitional part of this statute has certain ambiguities which makes it difficult to determine a...

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Main Author: Aisha Tariq
Format: Article
Language:English
Published: Pluto Journals 2019-01-01
Series:Policy Perspectives
Online Access:https://www.scienceopen.com/hosted-document?doi=10.13169/polipers.16.1.0117
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author Aisha Tariq
author_facet Aisha Tariq
author_sort Aisha Tariq
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description <p class="first" id="d168639e65">The Anti-Terrorism Act, 1997 (ATA) mainly governs the anti-terror legal regime of Pakistan. This paper debates that the definitional part of this statute has certain ambiguities which makes it difficult to determine ambit and scope of this statute. Consequently, the specially mandated Anti-Terrorism Courts (ATCs) have to deal with the question of jurisdiction first and the original trial proceeds later which makes the basic purpose of the ATA i.e. to speedily decide the cases, futile. Even the higher judiciary sometimes issues the ATA-based decisions with weak jurisprudential reasons. This study postulates that only a lucid and detailed legislative amendment can end this overuse of ATA as well as the confusions of jurisdiction and expedite trial proceedings [Ed.]. </p>
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spelling doaj.art-b448661b72e64406894571e1045874182023-05-03T13:16:24ZengPluto JournalsPolicy Perspectives1812-18291812-73472019-01-0116111713610.13169/polipers.16.1.0117Defining Terrorism: Its (Mis)Application and Implications in PakistanAisha Tariq<p class="first" id="d168639e65">The Anti-Terrorism Act, 1997 (ATA) mainly governs the anti-terror legal regime of Pakistan. This paper debates that the definitional part of this statute has certain ambiguities which makes it difficult to determine ambit and scope of this statute. Consequently, the specially mandated Anti-Terrorism Courts (ATCs) have to deal with the question of jurisdiction first and the original trial proceeds later which makes the basic purpose of the ATA i.e. to speedily decide the cases, futile. Even the higher judiciary sometimes issues the ATA-based decisions with weak jurisprudential reasons. This study postulates that only a lucid and detailed legislative amendment can end this overuse of ATA as well as the confusions of jurisdiction and expedite trial proceedings [Ed.]. </p>https://www.scienceopen.com/hosted-document?doi=10.13169/polipers.16.1.0117
spellingShingle Aisha Tariq
Defining Terrorism: Its (Mis)Application and Implications in Pakistan
Policy Perspectives
title Defining Terrorism: Its (Mis)Application and Implications in Pakistan
title_full Defining Terrorism: Its (Mis)Application and Implications in Pakistan
title_fullStr Defining Terrorism: Its (Mis)Application and Implications in Pakistan
title_full_unstemmed Defining Terrorism: Its (Mis)Application and Implications in Pakistan
title_short Defining Terrorism: Its (Mis)Application and Implications in Pakistan
title_sort defining terrorism its mis application and implications in pakistan
url https://www.scienceopen.com/hosted-document?doi=10.13169/polipers.16.1.0117
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