ANTI - TERRORISM ACT 1997: UNDEMOCRATIC ATTITUDE OF A DEMOCRATIC GOVERNMENT

All the democratic and undemocratic regimes in Pakistan have been trying to curb the terrorist activities by enacting special laws and establishing special courts according to the prevailing circumstances. Prime Minister Nawaz Sharif’s government committed itself to the idea of introducing parallel court structure of special courts to obtain speedy justice. The establishment of special courts under Anti-Terrorism Act, 1997 abolished the universal rule of equality before law- fundamental to any just and democratic society. The legislation demonstrates non-confidence of democratic leadership on democratic values. The act according to many of its critiques provided license to kill the innocent people by law enforcing agencies. The political and social activists in the country staged protest against the law as contrary to the fundamental rights. The judgment of Supreme Court in constitutional petition directed the government to soften the Act by amending certain sections to put the special courts under the control of judicial system already prevalent in Pakistan. The judgment stands prominent among the judgments of Supreme Court in guarding the fundamental rights.