HRCP fears bill passed by Punjab Assembly may undermine fair-trial guarantees

LAHORE: The Human Rights Commission of Pakistan (HRCP) on Wednesday expressed serious concern over the passage of the Punjab Anti-Terrorism (Amendment) Bill 2026, warning that its provisions allowing certain cases to be declared “special security cases” could undermine fair-trial guarantees and create scope for abuse of state power.

Under the amendment, a government-designated officer, whose identity is to remain confidential, can declare a case a “special security case”. Once such a declaration is made, the identities of judges, prosecutors, police officers, witnesses and defence counsel may be withheld.

The HRCP says the amendment did not adequately define the circumstances in which these extraordinary powers could be exercised, raising concerns that they could be used against ordinary citizens, political opponents or protesters under the pretext of security.

It acknowledges that protecting judicial and investigative officials from genuine threats is a legitimate state responsibility.

However, it questions whether the need for such sweeping measures had been established. The rights body says the secrecy imposed by the legislation raises serious concerns under Articles 9, 10A and 14 of the Constitution, which relate to security of person, the right to a fair trial and protection of dignity, respectively. It also points to Article 14 of the International Covenant on Civil and Political Rights, which guarantees fair-trial rights.

According to HRCP, secrecy surrounding the identities of key participants in proceedings could have serious consequences for an accused person. A person wrongly accused of an offence could potentially be prevented from effectively challenging the evidence against them or questioning the fairness of the proceedings.

The commission says the amendment is also part of a broader pattern in which security justifications are being invoked to expand state powers at the expense of fundamental rights.

The HRCP calls for the bill to be reconsidered and brought into conformity with constitutional and international fair-trial guarantees.

It demands that any security measures intended to protect judicial or investigative officials should be narrowly defined, clearly regulated and subjected to independent judicial oversight, so that exceptional powers could not be used arbitrarily.

Published in Dawn, September 3rd, 2026