Fourth Schedule: Combating terrorism or silencing dissent? – Pakistan

Muhammad Farooq Mehsud, a veteran journalist who has been covering militancy and political affairs in Pakistan’s volatile tribal areas since 2011, was not prepared for the shock when he first heard the news. Mehsud was informed on Oct 7 — the day after the ban on the Pashtun Tahaffuz Movement (PTM) was announced — that he and two of his colleagues had been added to the Fourth Schedule.

Placing a name on the Fourth Schedule under the Anti-Terrorism Act (ATA) means the person concerned has become proscribed. Restrictions imposed on such persons include an embargo on their passport, freezing of bank accounts, a ban on financial support and credit, arms licence embargo, and employment clearance restrictions.

To Mehsud, the reports seemed implausible. But when he checked the National Counter Terrorism Authority’s (Nacta) website and read a notification issued by the deputy commissioner of Upper South Waziristan, there it was: his name, alongside those of two fellow journalists, was listed next to the leaders of the PTM — a rights group that the interior ministry had just banned on October 6.

“I was shocked to see my name and the names of two of my colleagues on the Fourth Schedule list. We are journalists, not terrorists,” Mehsud, who is president of Mehsud Press Club, told Dawn.com. “It’s a clear tactic to pressure journalists, to stop us from reporting on what’s happening in the region.”

The district administration later issued a corrigendum, admitting that the inclusion of the journalists’ names had been a mistake and requesting their removal. But days passed, and their names remained on the Fourth Schedule displayed on Nacta’s website. Mehsud’s bank account remains blocked [till the publication of this report] despite the corrigendum.

Stated aims

For years, Pakistani authorities have relied on the Fourth Schedule as a preemptive tool, intended to monitor and restrict individuals suspected of terrorism.

Historically, the Fourth Schedule has targeted hardcore militants, including members of proscribed outfits such as the Tehreek-i-Taliban Pakistan (TTP) and Hizbut Tahrir, banned sectarian outfits such as Lashkar-i-Jhangvi and Sipah-i-Muhammad Pakistan, jihadist organisations such as Jaish-i-Mohammad, as well as outlawed separatist groups such as the Baloch Liberation Army (BLA) and Sindhudesh Revolutionary Army (SRA).

The stated aim is to disrupt the operational networks of these organisations and mitigate future threats. It has also been used against firebrand preachers whose speeches have incited violence or disrupted public order during religious events.

But over the past few months, the use of the Fourth Schedule has taken a troubling turn. Authorities have widened their net, placing a growing number of individuals from Khyber Pakhtunkhwa and Balochistan — regions simmering with unrest — on the list.

This widening net has ensnared not only members of rights movements, the likes of the PTM and the Baloch Yakjehti Committee (BYC), but also journalists, academics, and members of political parties.

Following the ban on the PTM earlier this month, Interior Minister Mohsin Naqvi said that the KP and Balochistan governments had placed 54 and 43 individuals from the provinces on the Fourth Schedule, respectively. Naqvi clarified that facilitators and abettors of the banned organisations would also face a similar fate.

The inclusion of these individuals alongside hardcore militants has sparked concerns that counterterrorism measures are being used to muzzle the media and rights activists, with critics arguing that what was once a tool for combating extremism is now being repurposed to silence dissenting voices.

What is the Fourth Schedule list?

The Fourth Schedule was introduced as part of Pakistan’s Anti-Terrorism Act (ATA) of 1997 during Nawaz Sharif’s government, primarily aimed at combating rising sectarian violence, militancy, and terrorism.

The ATA established a legal framework that empowered authorities to prosecute individuals involved in terrorist activities. “The Fourth Schedule specifically lists individuals suspected of having links to terrorist organisations or of supporting, funding, or facilitating terrorism,” explained Tariq Pervez, Nacta’s first national coordinator.

Individuals placed on this list are referred to as “Fourth Schedulers” or “Proscribed Persons”. The criteria for inclusion in the Fourth Schedule encompass suspected involvement in financing terrorist activities, facilitating or participating in terrorist acts, or engaging in hate speech and promoting extremist ideologies that incite violence.

According to Pervez, provincial governments and police authorities, in coordination with district-level intelligence committees that include multiple law enforcement and intelligence agencies, recommend individuals for inclusion in the Fourth Schedule.

“Once an individual is placed under the Fourth Schedule, they are required to report regularly to the local police station or Counter Terrorism Department (CTD) office and update authorities about their movements and activities,” Pervez told Dawn.com.

Those listed often face various restrictions, such as being barred from leaving their hometown without prior permission from law enforcement officials. Their financial activities and bank accounts are closely monitored, and travel restrictions may be imposed, preventing them from exiting the country or specified areas without authorisation.

Typically, a suspect’s name remains on the Fourth Schedule for three years; this duration can, however, be extended if necessary upon the completion of the aforementioned period. During this time, Nacta and other law enforcement agencies, including the police and intelligence services, utilise the Fourth Schedule to gather information and monitor potential threats effectively.

Expanding the net

In recent months, the use of the Fourth Schedule by authorities in Balochistan and KP has taken a troubling turn. Following the BYC sit-in in Gwadar on July 22, the provincial government added a number of individuals to the Fourth Schedule.

In KP, recent additions to the Fourth Schedule appear to be tied to the interior ministry’s recent decision to ban the PTM. Along with the BYC’s supporters and PTM leadership, student leaders, social activists, teachers, and journalists have also been targeted.

“The government places individuals on the Fourth Schedule based on reports and recommendations from the district intelligence committees, which include various law enforcement and security agencies,” said a security official based in Quetta, who spoke on the condition of anonymity. “This was necessary given the recent deterioration in law and order situation in the country.”

Balochistan Chief Minister Sarfaraz Bugti also said that the Fourth Schedule was a part of the law, and anyone with objections should approach the appropriate forum.

Balochistan

In a speech at the Balochistan Assembly last month, Dr Abdul Malik Baloch, former chief minister and president of the National Party, lamented that nearly 3,000 people across the province had been placed on the Fourth Schedule. Criticising the move, he questioned why teachers, students and journalists were being labelled in such a manner and called it an “anti-state” act.

When contacted, a security official based in Quetta refuted Malik’s claims and described the figures as exaggerated.

According to a list released by the deputy commission of Quetta, the names of 137 individuals have been placed on the Fourth Schedule by the government, mostly over alleged links with the BLA and a few with the TTP. However, in many districts such as Kech and Panjgur, the updated Fourth Schedule list has not yet been made public following the recent additions.

“There is fear that the Fourth Schedule can be used arbitrarily against anyone — whether they are travelling, participating in political activities, or simply being targeted for intimidation,” said a social activist in Kech. The activist, whose name appears in an unverified list circulating on WhatsApp, wished not to be named due to security concerns.

He said that teachers, journalists, students and political workers were being harassed under the pretext of supporting BYC activities and threatened with inclusion on the list.

Dr Mahrang Baloch, BYC’s chief organiser, confirmed that numerous members and supporters of the group were also among those now listed under the Fourth Schedule. Even though BYC has not been declared a banned organisation (yet), two of its leaders — Mahrang and Sammi Deen Baloch — were recently prevented from travelling abroad at the Karachi airport. They remain uncertain whether their names were officially placed under the Fourth Schedule.

Khyber Pakhtunkhwa

Media reports, citing security officials, also identified several individuals from other districts of the province, including Bannu, Bajaur, Mohmand, Swabi, and Malakand, placed on the Fourth Schedule.

Separately, it was reported on Friday that the federal government had agreed, in principle, to lift the ban on the PTM under certain conditions. The agreement was reached during a multi-party grand jirga hosted by the provincial government last week.

The cases of TLP and PTI

In April 2021, the Pakistani government banned the TLP and arrested its chief, Hafiz Saad Rizvi, adding his name to the Fourth Schedule after three days of violent nationwide protests by the party’s supporters.

Six months later, the government lifted the ban, citing “larger national interests” at the request of the Punjab government and under a “secret agreement” reached with the group in October. The decision was followed by another wave of violent protests demanding Rizvi’s release, leading to the removal of his name from the Fourth Schedule.

Following a similar pattern, the government had included several PTI leaders — including former National Assembly speaker Asad Qaiser — on the Fourth Schedule after violent protests on May 9, 2023. However, higher courts later barred their inclusion.

In the past, the names of several leaders, including ASWJ leaders Maulana Aurangzeb Farooqi and Maulana Ahmad Ludhianvi, were also removed from the Fourth Schedule list to allow them to contest the 2018 and 2024 general elections.

‘Unfair’ use of ATA against political dissent

“The ATA already has a poor track record, with fewer than 20 per cent of cases registered under it leading to convictions, despite its intention to impose severe punishments on terrorists,” Pervez said. “Adding politically motivated cases to the ATA under the Fourth Schedule will only further erode its effectiveness.”

Qazi Khizer, vice-chairperson of the Human Rights Commission of Pakistan, expressed concern over the inclusion of leaders and supporters of groups like the PTM and the BYC in the Fourth Schedule and emphasised that these groups operate within a constitutional framework and promote peaceful, democratic activities.

“This is a dangerous trend,” Khizer told Dawn.com. “Political issues should be addressed through political means, not by misusing anti-terrorism laws.”

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