The 1997 Anti Terrorism Act is too broad in its definition of terrorism, says the Supreme Court. In a recent judgment, Chief Justice of Pakistan Asif Khosa has said that the issue of what constitutes terrorism has come up so many times and before so many benches that parliament needs to go back to the Act and put a definite definition to what it comprises. Currently, terrorism can be used to describe the use of force under an organised plan to fulfil religious, ideological or political goals. However it can also be applied when terror is struck into the hearts of people and damage dealt to lives and property. In the past, serial killings, a heinous but different kind of crime, have been described as terrorism, though globally speaking there would be doubts about this. Spreading sectarianism in society, attacking a particular community including journalists or the social sector also falls under the definition. So does damaging government property or committing robbery under a plan.
There is a lack of clarity on whether arson and extortion constitute terrorism. The SC noted that, while such acts of violence deserve punishment, they arise out of animosity towards another person rather than an attempt to hurt the interests of the country. It also noted that in many cases personal enmity, for example over religion, was defined as terrorism.
The confusion seems to be on the degree of violence committed. While many crimes are shocking and gruesome, they do not strictly consist of terrorism. The court will be doing us all a service if the Act could be revisited and a more coherent definition of an act of terrorism put in place. This would also help courts in delivering verdicts. The matter needs to be discussed and debated in parliament and at other forums. There is also a need to study the law of other countries and determine how they lay down the parameters of what constitutes a terrorist act. Pakistan has faced horrendous acts of terrorism over past years. We
need a clear definition of the law and widespread discussion on all kinds of forums to arrive at a description of the crime of terror.
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