Pakistan's Preventive Detention Policy: Juggling Security and Freedom in the War on Terror

Abstract

This paper examines Pakistan's preventive detention policy, focusing on its conflict between national security and individual liberties. The policy, implemented after the 9/11 attacks, aims to hold individuals suspected of terrorism responsible for any crime but their suspecting terrorism status. However, critics argue it undermines constitutionalism, particularly the right to be presumed innocent until proven guilty and personal liberty. The study uses qualitative legal and case study research to analyze Pakistan's preventive detention laws and detainee experiences. Results show that while the policy has reduced terrorism incidences, it has also led to significant human rights violations. Critics blame the lack of judicial review and misuse by security teams. The paper recommends addressing the issue of preventive detentions in Pakistan and ensuring a balance between security and liberty.