The transfer of Rs 50 million or above during one month from Pakistan to destinations aboard through any informal channel including hawala or hundi, would be considered as 'economic terrorism' in Pakistan.
The government has introduced the Anti-Terrorism (Amendment) Bill, 2019, in the National Assembly containing the concept of 'economic terrorism.'
Under the proposed Bill, 'economic terrorism' means the transfer of money or funds from Pakistan to destinations aboard through any informal channel, including hundi or hawala, where the total amount transferred by any one agent, through a single or multiple transactions over a period of one month, is equal to or exceeds Rs 50 million.
The Anti-Terrorism Act, 1997 lacks the definition of 'agent' and 'economic terrorism' and provision regarding detention of criminals for the purpose of inquiry.
The proposed amendments will further enhance the applicability of the Anti-Terrorism Act in cases of transfer of money or funds through informal channels including hundi or hawala. In addition, the insertion of new section regarding preventive detention will empower the federal or provincial authorities to detain the persons for inquiry as well as to review the applications of aggrieved persons against the detention orders.
According to a new section 9A proposed to be included in the Anti-Terrorism Act, 1997, any person against whom there are reasonable grounds of believing that he is connected with an offence under the said Act may be detained for inquiry for a period of up to 3 months.
The inquiry may be conducted by a police officer not below the rank of the superintendent of police or through a joint investigation team (JIT) to be notified by the government.
Where the detention order has been issued by the armed forces or civil armed forces, the inquiry shall be conducted by the JIT comprising members of the armed forces or civil armed forces, as the case may be, intelligence agencies and other law enforcement agencies including a police officer not below the rank of the superintendent of police.
The police officer or the JIT, as the case may be, conducting inquiry shall have all the powers relating to search or arrest of person and seizure of property and other relevant material connected with the commission of any offence and shall have the powers which a police officer have in relation to the investigation of offences.
The detenue shall be kept in a detention center as notified by the government and the presiding officer of the court or the district and sessions judge or the magistrate, as the case may be, shall have the authority to inspect the detention center to ensure that the custody is in accordance with the law.
Any person detained shall be provided with facility of medical checkup as may be prescribed.
Where any person is aggrieved by the order, he may file a review application before minister of interior or secretary interior, it added.
Copyright Business Recorder, 2019
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