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Published 26 Jan, 2008 12:00am

KARACHI: Key anti-terror law on the shelf

KARACHI, Jan 25: Just as many laws in the country remain unimplemented, an amendment to the Anti-Terrorism Act of 1997, better known as ‘Schedule Four,’ primarily made to keep an eye on extremists or people that have the potential to join their ranks, has also been placed on the shelf by the law-enforcers, it has emerged.

Following the enactment of Schedule Four, initially, seven organizations were immediately proscribed while three others were banned later. All the four provinces, the Northern Areas, Azad Jammu & Kashmir and the administration of Islamabad were instructed to compile lists of the people who fell under ‘Category A’ of Schedule Four.

On the basis of feedback from all parts of the country, the National Crisis Management Cell formulated a comprehensive record of active extremists and instructed all the provinces to include these persons in Schedule Four.

At present, there are a total of 292 people placed under Schedule Four in Sindh alone; 171 suspected extremists have been cleared from the Schedule, while 59 people are missing or unaccounted for, official statistics showed. However, a senior counter-terrorism expert observed that the process of implementing Schedule Four is not an ongoing one and the data on such persons has become more or less static. “Ideally, it should fluctuate at a drastic pace,” he remarked.

Another counter-terrorism expert told Dawn that the station house officer (SHO) forms the backbone of the process when it comes to the implementation of Schedule Four. He made it clear that the SHO was not empowered to place persons on Schedule Four. Such notifications could only be issued by the interior ministry.

“The SHO is supposed to identify any persons living in his area who are extremists belonging to different proscribed outfits and other organizations who have the potential to pose a threat to the peace and stability of the area and the country at large,” maintained a senior police officer.

However, when Dawn spoke to several of the city’s SHOs, apart from a few officers, an overwhelming number of the SHOs didn’t know the standard operations procedure (SOP) pertaining to Schedule Four. Some didn’t even know what Schedule Four is or its background.

Category A

Persons such as central, provincial and lower cadre leaders, office-bearers and activists of the proscribed outfits fall under Category A, as well as those people who have been involved in terrorist activities in the past or are/were in any way related to terrorism.

Even those people who have the potential or an inclination towards extremist activities are included.

People having extremist and sectarian thinking and those persons who provide funds to the proscribed outfits or are in any way helping these outfits financially could fall under Category A.

Every area SHO should send the list of the people under Category A to his District Police Officer (DPO). All the DPOs, in turn, should dispatch their lists to the respective DIG Crime Investigation Department or additional IG, in accordance with Schedule Four.

Similarly, in addition to the DIG CID or additional IG, the sector commanders of the Inter Services Intelligence and deputy director of the Intelligence Bureau, through their sources, can also formulate the list of extremists, in accordance with the amendment (Schedule Four).

In accordance with the sprit of Schedule Four, a provincial committee comprising the DIG CID or additional IG, ISI sector commander and IB deputy director should be formed. The committee should be required to meet at least twice a year during which it would examine the Category A list.

The amendment to the Anti-Terrorist Act, 1997, gives sweeping powers to the SHO; he is even empowered to restrict the movement of a suspect falling under Category A by applying Section (2)( C ).

Such a person could be made to report to the area police station at any given time. Such a person would not be able to go to places like schools, colleges, or any other educational institution where women or students under the age of 21 are enrolled.

Similarly, such a person could not go to the theatre, cinema houses, parks, hotels, restaurants and other places of recreation. In addition, he or she could not attend public meetings without the prior written approval of the authorities.

The assets of such a person or his relations like wife and children could also be put under assessment in accordance with Schedule Four. There is also an established procedure of removing the name of the persons from the list of Schedule Four, but it is quite exhaustive.

Police clueless

Commenting over the extent of the implementation of Schedule Four, a senior law-enforcement official confirmed that the majority of SHOs simply are not aware of the amendment to the Anti-Terrorism Act and are unaware of their role.

“There have also been instances when extremists who are on the Schedule Four list came to the police station, simply bribed the head Moharrir and went to the places they were not allowed to visit,” he said.

In many cases, such people don’t bother to report to the police station in the first place. And in the overwhelming number of cases, the lengthy procedure laid down in the anti-terror law amendment is simply not being followed by the SHOs.

“If this law is implemented or enforced in its true sprit, it would greatly help in curbing the spate of terrorist acts in the country and could help keep track of such characters,” the officer observed.

Another senior officer, sharing the implications of the amended law if enforced, said that close friends, relatives and people who could be influenced by an extremist who is on the Schedule Four list, could be scared off and disassociate themselves from the individual due to the stringent restrictions being applied against the suspect.

“This law could also serve as a tool of deterrence for young minds,” the officer observed.

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