90 Days: Preventive detention in Anti-Terrorism (Amendment) Bill 2020:

In Pakistan preventive detention pre-exist before the Colonial era. Specifically, the East India Company Act, 1793 and 1915 and 1939 Defense of India Act, all statutes included preventive detention provisions. Subsequently, Pakistan's provisional Constitution had also authorized lawmaking related to the defense, external affairs, security of the State and maintenance of public order. This Constitution was replaced three times (1956, 1962 and 1973) each version contained similar provisions of preventive detention. However, the third version was slightly altered. Furthermore,  many laws have been passed providing for detention without charge, including the Security of Pakistan Act in 1952, the West Pakistan Maintenance of Public Order Ordinance in 1960, the Anti-Terrorism Act in 1997, the Protection of Pakistan Act in 2014, and most recently Anti-Terrorism (Amendment) Bill 2020.

On 13th July, 2020 the National Assembly of Pakistan  received two  bills seeking amendments. Now, the government is trying to add 90 days preventive detention period in Anti-Terrorism (Amendment) Bill 2020. As claimed by the Government, these amendments are supposed to follow United Nations Security Council Resolutions No. 1267 and 1373. However, I believe that this amendment violates the human rights conventions. Generally in international law, preventive detention is prohibited under International Human Rights Law,  i.e. Article 9 of the Universal Declaration of Human Rights and Article 9 of the ICCPR. Pakistan has ratified ICCPR in 2010. Therefore, this absolute power to arrest and detain for 90 days is a hardliner. It is the violation of the right to liberty and the fair administration of justice.

Preventive detention is a kind of detention, controlled by executive authorities, typically on the supposition that the accused poses the future threat to national security, external affairs, maintenance of public order. In preventive detention instant aim is often not to bring criminal charges against accused. As per Peshawar High Court any law providing for preventive detention has to be complaint with the mandate of Article 10 of the Constitution and only then can it be saved from the operation of Sub-Articles (1) and (2) of Article 10 of the Constitution.

Article 9 of the Constitution 1973 enlist the security of persons as a fundamental right and says that no person shall be deprived of life or liberty save in accordance with law. The Peshawar High Court observed, that the framers of the Constitution have taken additional safeguards by putting safeguards as to arrest and detention in Article 10 of the Constitution, in detail. There are very few Articles in the Constitution, which deals with the subject in such a minute detail as Article 10 of the Constitution has provided the safeguards against arrest and detention in its minute details.  This is clear that the framers of the Constitution took great pain for ensuring the liberty of the citizens of the State and for taking proper safeguards against unlawful arrest and detention by the State authorities.  

On the other hand, preventive detention can be justified as an exceptional measure, in exceptional circumstances. However, in Pakistan it's become a usual part of governance.  Article 4 (1) of the ICCPR provides that,  "in time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed". General Comment No. 29 paragraph 2 provides that, "measures derogating from the provisions of the Covenant must be of an exceptional and temporary nature". Additionally, if Pakistan moves to invoke article 4, two fundamental conditions must be met: the situation must amount to a public emergency which threatens the life of the nation, and the State party must have officially proclaimed a state of emergency. Ironically, the Government of Pakistan is justifying Anti-Terrorism (Amendment) Bill 2020 in the pretext of United Nations Security Council Resolutions No. 1267 and 1373.

In Pakistan the preventive detention regime is controversial and questionable. This is used for political purposes to silence and threaten critics and opponents. The Government is justifying it on the grounds of the defense, external affairs, security of the State, maintenance of public order and now economic terrorism or terrorist financing. However, Pakistan has also condemned the controversial practices India and USA about the preventive detention. On the contrary, Pakistan is on the verge of making another legislation which violates the same.