Pakistan’s Judicial Paralysis: The Battle Against Terrorism And The Need For Reform – OpEd
Pakistan has been fighting terrorism for nearly two decades, with insurgent groups including the Tehreek-e-Taliban Pakistan (TTP), the Baloch Liberation Army (BLA), and other extremist organisations. The sacrifices made by Pakistan's armed forces and intelligence agencies in this war are enormous. Operations such as Radd-ul-Fasaad and Zarb-e-Azb have played critical roles in destroying terrorist networks, resulting in the deaths and arrests of numerous terrorists. Despite these accomplishments, a key defect hampers the effort: Pakistan's judicial system has loopholes that allow many arrested terrorists to avoid punishment.
While Pakistan's security forces have fought relentlessly to bring terrorists to prison, an alarming trend has evolved. Many terrorists are arrested and tried in Anti-Terrorism Courts (ATCs), yet many are eventually freed owing to technicalities, inadequate evidence, or procedural delays. After being released from detention, these individuals frequently return to their terrorist organisations, resuming their operations and carrying out other attacks, undermining the military and law enforcement efforts.
The Numbers Behind the Problem
Looking at the data reveals the scope of the problem. Between 2020 and 2023, a startling 6,550 terrorists were accused across the country, with just 11% (774) convicted. It further worsened when, of these convictions, just 1.5% (104) had their sentences affirmed on appeal. The remainder were either acquitted or had their convictions reversed, allowing them to rejoin terrorist networks. Furthermore, from 2022 to 2023, there was a 121% rise in outstanding terrorist charges.
The backlog of cases is particularly significant, with 1,650 terrorism-related cases outstanding between 2020 and 2023. During this time, 911 people accused of terrorism were acquitted owing to inadequate evidence, procedural flaws, or security concerns for witnesses. When acquitted terrorists file appeals, the court procedure frequently leads to additional delays or reversals of convictions, exacerbating the legal system's dissatisfaction and inefficiency.
Despite the presence of 91 Anti-Terrorism Courts across the country—23 in Punjab, 13 in Khyber Pakhtunkhwa, 32 in Sindh, 9 in Balochistan, 10 in Azad Jammu and Kashmir, 2 in Gilgit-Baltistan, and 2 in Islamabad—the load remains high. As of 2023, there were 605 outstanding terrorist cases, with Balochistan (34%) and Khyber Pakhtunkhwa (32%) leading the provinces in the backlog.
A System that Favors Terrorists
The ATCs' enormous workload is one of the major contributors to the backlog. The Anti-terrorist Act (ATA) was created to ease the pressure on regular courts and ensure that terrorist matters were resolved quickly. A "zero inventory" policy was implemented, allowing courts to process one case at a time. However, revisions passed in 1999 broadened the concept of terrorism to encompass other offences including kidnapping and robbery. This increased the amount of cases that ATCs had to handle, resulting in delays that benefited terrorists. As many cases stretch on for years, the chances of obtaining convictions decrease as evidence deteriorates, witnesses vanish, or threats to their safety prohibit them from testifying.
The most obvious concern is a lack of solid proof, which is sometimes necessary for harsh punishments such as the death sentence. Majorly, the inability to establish tangible, acceptable evidence leads to acquittals. From 2020 to 2023, 278 terrorists were acquitted across the country, including 148 in Balochistan and 60 in Punjab. In these cases, technicalities rather than innocence frequently determined the outcome, allowing dangerous individuals to return to the battlefield.
The Role of Military Courts
Under the National Action Plan (NAP) of Pakistan's Constitution military courts were established. The concept was straightforward: military tribunals, free of the bureaucratic and procedural complications that hamper traditional justice, could quickly convict terrorists based on credible information and evidence given by the armed forces. These tribunals demonstrated exceptional effectiveness in delivering justice when civilian courts had failed. Their installation underlined an important reality: Pakistan's judiciary, in its current shape, is unprepared to deal with the intricacies and hazards connected with terrorist trials.
Political links within the judiciary have posed challenges, prompting the higher judiciary to impose a stay order on the military courts. As a result, many matters that would have been adjudicated quickly under military tribunals are now held in limbo. This political and legal squabbling has enabled terrorists to manipulate the system, undermining public trust in the court.
The Need for Reform
The figures from the Counter Terrorism Department (CTD) and the National Counter Terrorism Authority (NACTA) provide a bleak picture of the situation. Out of 217 convictions handed down between 2020 and 2023, 278 terrorists were acquitted owing to a lack of evidence. This is not a failure of law enforcement but of the court system. The inability to achieve convictions for hardened terrorists emboldens militants while also demoralising security officers who risk their lives to catch these individuals.
Pakistan needs to restructure its judicial system, beginning with ATC reforms. These courts require improved investigation tools, witness protection programs, and processes to ensure evidence preservation and presentation. Without these adjustments, the legal system would remain overburdened, causing terrorist cases to linger for years. Furthermore, the stay order for military courts must be lifted. While military tribunals are not a perfect solution, their role in providing expedited justice in terrorist cases is critical.
Conclusion
Pakistan's battle against terrorism has been lengthy and difficult, with its military forces making significant progress in destroying terrorist networks. However, these efforts are constantly hampered by a court system that is unprepared to manage the complexities and seriousness of terrorist cases. Many terrorists can avoid punishment thanks to legal loopholes, resulting in a difficult-to-break cycle of violence. The threat of terrorism will endure in the absence of serious change to the Anti-Terrorism Courts and the return of military courts.