The Anti-Terrorism (Punjab Amendment) Act, 2026
The Anti-Terrorism (Punjab Amendment) Act, 2026 (the “ ATA Amendment Act”) has been enacted by the Provincial Assembly of the Punjab to further amend the Anti-Terrorism Act, 1997. The Amendment Act extends only to the Province of Punjab and introduces a specific legal framework for the protection and conduct of proceedings in cases involving extraordinary security concerns. The significant feature of the ATA Amendment Act is the insertion of new section 21 AAA into the Anti-Terrorism Act, 1997. Under this provision, the designated authority may declare a case to be a “special case” where circumstances warrant extraordinary security and protection measures. The aim of the ATA Amendment is to adopt appropriate measures for the protection of judges and counsels/defense counsels, Public Prosecutors and witnesses, police officers and other persons connected with the proceedings.
Under Anti-Terrorism (Punjab Amendment) Act, 2026, the Chief Justice of the Lahore High Court shall assign a special case to one of the judges of the Anti-Terrorism Courts in Punjab for proceedings, inquiry or trial. Similarly, the Prosecutor General, Punjab, shall provide a panel comprising five eligible Public Prosecutors, from whom the designated authority shall assign a Public Prosecutor to conduct the proceedings.
The Anti-Terrorism (Punjab Amendment) Act, 2026 provides for the protection of the identities of judges and counsels/defense counsels, Public Prosecutors and witnesses, police officers and other persons connected with the proceedings. Their identities shall not be disclosed, and orders shall be signed without revealing personal identities. Witnesses shall be identified through assigned identities. The names of judges and Public Prosecutors on the relevant panel shall not be published in the Official Gazette, while the complete record of the trial, inquiry and other proceedings shall remain sealed and be retained by the Chief Justice of the Lahore High Court.
The ATA Amendment Act also facilitates the use of modern technological measures in special security cases. Proceedings may be conducted through secure technological means, including video conferencing and voice-modification technology, where necessary to protect the identities of persons involved. Having regard to prevailing security challenges, virtual trials, inquiries and other judicial proceedings in special security cases may also be conducted from a prison, in accordance with the instructions and guidelines issued by the designated authority.
The Government shall nominate an officer not below the rank of BS-20 to act as the designated authority. The credentials and identity of such designated authority shall remain confidential. The designated authority shall communicate with the Chief Justice of the Lahore High Court for the performance of functions under the amended provisions and shall determine whether a particular case requires extraordinary protection measures.
Also read Rationale and Legislative Purpose
