Umair Baloch
In most societies, legislation is designed to stimulate economic growth, promote peace, and foster social harmony. However, in the case of Balochistan, one of the four federal units of Pakistan, many such bills are widely perceived as anti-people. For over two decades, the government has enacted and amended laws aimed at tightening its control over the region, which has only deepened the rift between Pakistan and the Baloch population.
Historically, during the colonial era, it was a common norm for people to resist and oppose any law imposed by the colonizers, and those who stood against such laws often enjoyed mass support. A similar situation is now unfolding in Balochistan, where individuals who defy state legislation are increasingly seen as symbols of resistance and consequently receive public sympathy and support. This phenomenon can be attributed to at least two key reasons: first, many federal laws governing Balochistan are colonial in nature, designed more to impose control than to serve the people; and second, there exists a deep-rooted lack of trust between the government and the Baloch population.
Anti-Terrorism Act 2025
Recently, in June 2025, the Provincial Assembly of Balochistan passed the Anti-Terrorism Act, 2025, which amended the former national Anti-Terrorism Act (ATA) of 1997 to grant provincial authorities greater powers to counter terrorism. The amendment proposal was introduced in the assembly by Parliamentary Secretary Mir Zareen Khan Magsi on behalf of the provincial Home Department, under the supervision of Chief Minister Sarfraz Bugti. For final approval, the legislation was forwarded to the National Assembly of Pakistan and was ultimately signed into law on 31 August 2025 by President Asif Ali Zardari.
The impression conveyed to the rest of Pakistan and the international community was that the amendments had originated from the provincial assembly rather than the federal government. However, it is now an open secret that the federal government has been exercising control over provincial elections and assemblies in Balochistan for decades. This long-standing influence raises doubts about the autonomy of the provincial legislature and reflects the federal interests more than the will of the local population.
The amended bill contains provisions that raise serious concerns from a human rights perspective. One of the most alarming aspects is the establishment of a secret court system to conceal the identities of judges, lawyers, witnesses, and other individuals involved in anti-terrorism cases in Balochistan. Reports suggest that not only will the names of those concerned be kept confidential, but hearings may also involve voice-altering technology and video conferencing to obscure identities further. In addition, the legislation refers to a designated authority, with very limited details available, that will decide in which cases such exceptional protective measures for judges, lawyers, witnesses, and public prosecutors will be applied. When the authority seeks extraordinary protection of people involved in a terrorism case, the Balochistan High Court’s Chief Justice would constitute a panel of three judges, and the names will be forwarded to the designated authority to appoint one of them to preside over the trial. The lack of transparency surrounding this authority undermines fair trial standards.
Another controversial provision relates to extended detention powers. Under the amended bill, law enforcement agencies in Balochistan are authorized to detain individuals suspected of terrorism for up to 90 days without formal charges. The legislation further empowers the authorities to establish special detention centers specifically for those accused of involvement in terrorist activities. In addition, detainees may be transferred between different security agencies for further interrogation, creating serious risks of abuse, prolonged detention without trial, and violations of due process rights.
Normally, when an incident occurs that falls under the definition of terrorism, a First Information Report (FIR) is registered, and law enforcement agencies (LEAs) initiate an investigation by collecting evidence and recording witness statements. Once the investigation is completed, a charge sheet is submitted to the court. At this stage, the trial begins, involving the presentation of evidence and the hearing of witness testimonies. In principle, there is a systematic legal procedure, with each stage logically following the other. However, the introduction of secret courts would undermine these standard procedures by subduing impartiality. By concealing identities and restricting transparency, such courts risk bypassing the established principles of due process and eroding public trust in the judicial system.
Pakistan masks its presence in Balochistan to Centralize Power without open Admission
Over the past two decades, the government has made enormous efforts to remain faceless, at times appearing as if it were operating like a non-state actor. One of the most alarming manifestations of this approach is the practice of enforced disappearances, targeting political activists, professionals, students, and individuals from various walks of life. According to social and political groups, thousands of Baloch people remain missing. In many cases, the immediate families openly identify security agencies as the abductors; yet, the police routinely refuse to register a First Information Report (FIR). As a result, these cases are systematically denied investigation and prevented from ever reaching trial. In this way, Pakistan not only shields its institutions from accountability but also projects a softer, more controlled image to the outside world.
In essence, the amended bill does not deliver justice but merely legalizes repression under a different guise. By replacing abductions with secretive trials where identities remain obscured, the state maintains the same cycle of fear and control. Rather than addressing grievances, such legislation only deepens mistrust and adds new layers of misery for the victims and their families.
