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ISLAMABAD: The Protection of Pakistan Bill (PPB) 2014 was approved in the National Assembly on Wednesday, Express News reported.
Following the National Assembly’s approval, the PPB will now be applicable for a period of two years.
Minister of Science and Technology Zahid Hamid presented the bill in the assembly, where Prime Minister Nawaz Sharif was also present.
On June 30, the Senate had unanimously passed the ‘controversial’ PPB following consensus – albeit grudgingly – between the government and the opposition.
Described in the Senate session as a ‘hard’ law, the PPB widens the scope of law enforcement agencies’ powers. Hamid had presented the bill in the senate, in the absence of Interior Minister Chaudhry Nisar Ali Khan. He had stated that the passage of the bill was of ‘utmost importance’ in light of the military operation in North Waziristan, codenamed ‘Zarb-e-Azb’.
Where previously the PPB stated that the law would come into action in the event of ‘waging of war against Pakistan’, its amended form reads, ‘waging of war or insurrection against Pakistan’. Additionally, the term ‘enemy alien’ describes a person whose identity as a Pakistani is unascertainable.
The use of force by armed forces has been limited to officers of Grade-15 or above and an internal inquiry by the head of the relevant law enforcement agency will be held in the event of death through the use of force. If required, all such cases will be subject to a judicial inquiry. Meanwhile, the remand period for an accused has been fixed at 60 days and, on reasonable ground, the government has the right to hold a detainee for 90 days at a designated internment camp.
The Joint Investigation Team will have the right to withhold a detainee’s information except from a High Court or Supreme Court. The government may not disclose a detainee’s information for security reasons. Additionally, on reasonable grounds, the burden of proof lies upon an ‘enemy alien’ or militant.
Cybercrimes and offences related to information technology, as well as the crossing of national boundaries illegally have been included in the list of scheduled offences. Punishments under these offences can be extended to 20 years. The PPB states that special courts will be formed in consultation with the chief justices of the High Courts and appeals against the special courts’ decisions can be made in the High Courts.
JI condemns approval of PPB, terms it undeclared martial law
Jamaat-e-Islami (JI) Ameer Sirajul Haq on Wednesday condemned the approval of the Protection of Pakistan Bill (PPB) by the Senate, terming it an undeclared martial law and conspiracy to deprive citizens of their basic rights.
Addressing JI’s central office bearers at Mansoora in Lahore on Wednesday, he said that the PPB violated the basic spirit of the Constitution which guaranteed basic rights to citizens.
Declaring that JI would not allow any change in the basic structure of the Constitution, Haq appealed to all political parties and human rights bodies to raise their voices against the ‘black law’.
The adoption of the PPB was a black deed of a civilian government of which there was no precedent – even during dictatorial rule, he said. He asked the rulers to give up dictatorial tendencies and adopt a democratic, parliamentary attitude.
The JI chief said the PPB would open up gates for unscrupulous killings by state institutions, and urged the Supreme Court (SC) not to endorse the PPB under any circumstance. The PPB would have grave consequences, as the common man had been denied his freedom and the area police in-charge had been given unlimited powers, he warned.
Haq further lamented that the influential will exploit the new law to deal with their political opponents and there would be competition among ministers, advisors and assembly members for appointments of SHOs of their choice.
The JI chief added there was no justification in detaining a citizen for 60 days merely on suspicion, and that this move would lead to anarchy and chaos. Authorising the police and security agencies to shoot a citizen was bound to create an atmosphere of fear and harassment all over the country, and the law would be used to stifle the opposition’s voice.
Protection of Pakistan Bill 2014 approved in NA – The Express Tribune
Protection of Pakistan Bill: Anti-terror law clears the last hurdle
ISLAMABAD:
The National Assembly on Wednesday passed the Protection of Pakistan Bill 2014, but the government failed to get all members of the opposition on board, as the Jamat-e-Islami opposed the bill while the Pakistan Tehreek-e-Insaf abstained from voting.
While the Pakistan Muslim League-Nawaz (PML-N) threw its weight behind the PPB, the prime minister left the assembly session a few minutes before the vote on the bill while Interior Minister Chaudhry Nisar Ali Khan remained absent from the session.
The PPB was tabled in the lower house after the Senate introduced as many as 21 amendments before passing it unanimously. Members from two main opposition parties – the Pakistan Peoples Party (PPP) and Muttahida Qaumi Movement (MQM) – voted in favour of the PPB. After the president gives his seal of approval, the PPB will remain in force for a period of two years.
“This bill is in conflict with Article 8 and 10 (A) of the Constitution,” JI’s Sahibzada Tariqullah said while announcing his party’s decision to vote against the bill.
Meanwhile, PTI’s Shah Mehmood Qureshi said his party abstained from voting as it did not want to ‘create hurdles’ for the government at this juncture, particularly as the country is “passing through difficult times”. The PTI leader called upon the government to draw a line between protection of the country and the fundamental rights of citizens while implementing this law.
“I am sorry but this is not a valid excuse,” responded Minister for Science and Technology Zahid Hamid, who moved the PPB. He added that the government had taken input on the PPB from leaders of all political parties and their recommendations were included before the bill was passed in the Senate.
Leader of the opposition Syed Khursheed Shah noted that the Senate had introduced 21 amendments to the PPB’s original version, tabled in the NA on April 7. “The PPP will observe this law for two years,” Shah said while adding that the PPB was previously due to take effect for three years.
MQM’s Dr Farooq Sattar said his party supported the bill in its current form, but remarked that the PPB lacked a definition for ‘terrorism’.
A guide to the PPB
The bill defines ‘enemy alien’ as “a militant whose identity is unascertainable as a Pakistani” in the locality where he has been arrested or in the locality where he claims to be residing, or one who has been deprived of his citizenship through a process of naturalisation.
Meanwhile, a ‘militant’ is defined as “any person who wages war or insurrection against Pakistan, or raises arms against Pakistan, its citizens, the armed forces or civil armed forces; or takes up advocates or encourages or aids or abets the raising of arms or waging of war or a violent struggle against Pakistan; or threatens or acts or attempts to act in a manner prejudicial to the security, integrity or defence of Pakistan; or commits or threatens to commit any scheduled offence; and includes a person who commits any act outside the territory of Pakistan for which he has used the soil of Pakistan for preparing to commit such act that constitutes scheduled offence under this act”.
Law enforcement agencies are now permitted to “enter and search, without warrant any premises to make any arrest or to take possession of any firearm, explosive weapon, vehicle, instrument or article used, or likely to be used and capable of being used, in the commission of any scheduled offence”.
However, after the search, “the circumstances justifying it and the items recovered shall be reported within two days to a special judicial magistrate of the area by the officer conducting the search”.
According to the law, the order to shoot a person on suspicion will come only from an official of a law-enforcement agency or a police officer of grade-15 or above. Moreover, the PPB binds the government to order a judicial inquiry if any law-enforcement agency official opens fire on suspected terrorists.
Under the law, convicted persons will have the right to appeal before a high court against their convictions. Earlier, a convicted person had the right to appeal before the Supreme Court.
Published in The Express Tribune, July 3rd, 2014.
Following the National Assembly’s approval, the PPB will now be applicable for a period of two years.
Minister of Science and Technology Zahid Hamid presented the bill in the assembly, where Prime Minister Nawaz Sharif was also present.
On June 30, the Senate had unanimously passed the ‘controversial’ PPB following consensus – albeit grudgingly – between the government and the opposition.
Described in the Senate session as a ‘hard’ law, the PPB widens the scope of law enforcement agencies’ powers. Hamid had presented the bill in the senate, in the absence of Interior Minister Chaudhry Nisar Ali Khan. He had stated that the passage of the bill was of ‘utmost importance’ in light of the military operation in North Waziristan, codenamed ‘Zarb-e-Azb’.
Where previously the PPB stated that the law would come into action in the event of ‘waging of war against Pakistan’, its amended form reads, ‘waging of war or insurrection against Pakistan’. Additionally, the term ‘enemy alien’ describes a person whose identity as a Pakistani is unascertainable.
The use of force by armed forces has been limited to officers of Grade-15 or above and an internal inquiry by the head of the relevant law enforcement agency will be held in the event of death through the use of force. If required, all such cases will be subject to a judicial inquiry. Meanwhile, the remand period for an accused has been fixed at 60 days and, on reasonable ground, the government has the right to hold a detainee for 90 days at a designated internment camp.
The Joint Investigation Team will have the right to withhold a detainee’s information except from a High Court or Supreme Court. The government may not disclose a detainee’s information for security reasons. Additionally, on reasonable grounds, the burden of proof lies upon an ‘enemy alien’ or militant.
Cybercrimes and offences related to information technology, as well as the crossing of national boundaries illegally have been included in the list of scheduled offences. Punishments under these offences can be extended to 20 years. The PPB states that special courts will be formed in consultation with the chief justices of the High Courts and appeals against the special courts’ decisions can be made in the High Courts.
JI condemns approval of PPB, terms it undeclared martial law
Jamaat-e-Islami (JI) Ameer Sirajul Haq on Wednesday condemned the approval of the Protection of Pakistan Bill (PPB) by the Senate, terming it an undeclared martial law and conspiracy to deprive citizens of their basic rights.
Addressing JI’s central office bearers at Mansoora in Lahore on Wednesday, he said that the PPB violated the basic spirit of the Constitution which guaranteed basic rights to citizens.
Declaring that JI would not allow any change in the basic structure of the Constitution, Haq appealed to all political parties and human rights bodies to raise their voices against the ‘black law’.
The adoption of the PPB was a black deed of a civilian government of which there was no precedent – even during dictatorial rule, he said. He asked the rulers to give up dictatorial tendencies and adopt a democratic, parliamentary attitude.
The JI chief said the PPB would open up gates for unscrupulous killings by state institutions, and urged the Supreme Court (SC) not to endorse the PPB under any circumstance. The PPB would have grave consequences, as the common man had been denied his freedom and the area police in-charge had been given unlimited powers, he warned.
Haq further lamented that the influential will exploit the new law to deal with their political opponents and there would be competition among ministers, advisors and assembly members for appointments of SHOs of their choice.
The JI chief added there was no justification in detaining a citizen for 60 days merely on suspicion, and that this move would lead to anarchy and chaos. Authorising the police and security agencies to shoot a citizen was bound to create an atmosphere of fear and harassment all over the country, and the law would be used to stifle the opposition’s voice.
Protection of Pakistan Bill 2014 approved in NA – The Express Tribune
Protection of Pakistan Bill: Anti-terror law clears the last hurdle
ISLAMABAD:
The National Assembly on Wednesday passed the Protection of Pakistan Bill 2014, but the government failed to get all members of the opposition on board, as the Jamat-e-Islami opposed the bill while the Pakistan Tehreek-e-Insaf abstained from voting.
While the Pakistan Muslim League-Nawaz (PML-N) threw its weight behind the PPB, the prime minister left the assembly session a few minutes before the vote on the bill while Interior Minister Chaudhry Nisar Ali Khan remained absent from the session.
The PPB was tabled in the lower house after the Senate introduced as many as 21 amendments before passing it unanimously. Members from two main opposition parties – the Pakistan Peoples Party (PPP) and Muttahida Qaumi Movement (MQM) – voted in favour of the PPB. After the president gives his seal of approval, the PPB will remain in force for a period of two years.
“This bill is in conflict with Article 8 and 10 (A) of the Constitution,” JI’s Sahibzada Tariqullah said while announcing his party’s decision to vote against the bill.
Meanwhile, PTI’s Shah Mehmood Qureshi said his party abstained from voting as it did not want to ‘create hurdles’ for the government at this juncture, particularly as the country is “passing through difficult times”. The PTI leader called upon the government to draw a line between protection of the country and the fundamental rights of citizens while implementing this law.
“I am sorry but this is not a valid excuse,” responded Minister for Science and Technology Zahid Hamid, who moved the PPB. He added that the government had taken input on the PPB from leaders of all political parties and their recommendations were included before the bill was passed in the Senate.
Leader of the opposition Syed Khursheed Shah noted that the Senate had introduced 21 amendments to the PPB’s original version, tabled in the NA on April 7. “The PPP will observe this law for two years,” Shah said while adding that the PPB was previously due to take effect for three years.
MQM’s Dr Farooq Sattar said his party supported the bill in its current form, but remarked that the PPB lacked a definition for ‘terrorism’.
A guide to the PPB
The bill defines ‘enemy alien’ as “a militant whose identity is unascertainable as a Pakistani” in the locality where he has been arrested or in the locality where he claims to be residing, or one who has been deprived of his citizenship through a process of naturalisation.
Meanwhile, a ‘militant’ is defined as “any person who wages war or insurrection against Pakistan, or raises arms against Pakistan, its citizens, the armed forces or civil armed forces; or takes up advocates or encourages or aids or abets the raising of arms or waging of war or a violent struggle against Pakistan; or threatens or acts or attempts to act in a manner prejudicial to the security, integrity or defence of Pakistan; or commits or threatens to commit any scheduled offence; and includes a person who commits any act outside the territory of Pakistan for which he has used the soil of Pakistan for preparing to commit such act that constitutes scheduled offence under this act”.
Law enforcement agencies are now permitted to “enter and search, without warrant any premises to make any arrest or to take possession of any firearm, explosive weapon, vehicle, instrument or article used, or likely to be used and capable of being used, in the commission of any scheduled offence”.
However, after the search, “the circumstances justifying it and the items recovered shall be reported within two days to a special judicial magistrate of the area by the officer conducting the search”.
According to the law, the order to shoot a person on suspicion will come only from an official of a law-enforcement agency or a police officer of grade-15 or above. Moreover, the PPB binds the government to order a judicial inquiry if any law-enforcement agency official opens fire on suspected terrorists.
Under the law, convicted persons will have the right to appeal before a high court against their convictions. Earlier, a convicted person had the right to appeal before the Supreme Court.
Published in The Express Tribune, July 3rd, 2014.
