What is the crime for harboring a terrorist?

[Menace2Society]

Majority of IDPs will have committed this crime, whether willingly or under duress.

The question is where is the accountability and how will the rule of law be applied in this situation?

I don't care what part of the country someone is from, a crime is a crime and there are consequences. This particular crime is treachery. And treason is punishable by death.

 

[EyanKhan]

Majority of IDPs will have committed this crime, whether willingly or under duress.

The question is where is the accountability and how will the rule of law be applied in this situation?

I don't care what part of the country someone is from, a crime is a crime and there are consequences. This particular crime is treachery. And treason is punishable by death.

Does that also include army and ISI then?

 

[Menace2Society]

Does that also include army and ISI then?

Ofcourse.

 

[EyanKhan]

Ofcourse.

Goodluck with that

How do you purpose to do that?

 

[TheFlyingPretzel]

Harbouring a terrorist is not treason per se although it can be arguably equated to it. In law the crime of sheltering a terrorist or giving him a place to carry out subversive, anti-state, terrorist activities more often than not falls under the purview of section 21-I and Schedule III of the the Anti-Terrorism Act, 1997.

21-I. Aid and abetment:-

Whenever aids or abets any offence under this Act shall be punishable with the maximum term of same imprisonment provided for the offence or the fine provided for such offence or with both.

Subject to the section 12 of the same Act the jurisdiction for the trial of an offence under 21-I falls exclusively within the domain of the Anti-Terrorism Court. The maximum punishment stands applicable mutatis mutandis to the nature of the act which the abettor helped the terrorist commit. the punishments are contained in section 7 of the Anti-Terrorism Act, 1997:

Punishment for acts of terrorism:-

Whoever commits an act of terrorism under Section 6, whereby

(a)death of any person is caused, shall be punishable, on conviction, with death or with imprisonment for life, and with fine; or

(b)he does anything like to cause death or endangers life, but death or hurt is not caused, shall be punishable, on conviction, with imprisonment for description for a term which shall be not less than five years but may extend to fourteen years and with fine:

(c)grievous bodily harm or injury is caused to any person, shall be punishable, on conviction, with imprisonment of either but may extend to imprisonment for life and shall also be liable to a fine; or

(d)grievous damage to property is caused, shall be punishable on conviction, with imprisonment, of either description for a term not less than ten years and not exceeding fourteen years, and shall also be liable to a fine: or

(e)the offence of kidnapping for ransom or hostage-taking has been committed, shall be punishable, on conviction, with death or imprisonment for life and shall be liable to forfeiture of property; or

(f)the offence of hijacking, has been committed, shall be punishable, on conviction, with death or imprisonment for life, and shall also be liable to forfeiture of property and fine;

(g)the act of terrorism committed falls under Section 6(2) (f) and (g), shall be punishable, on conviction, with imprisonment of not less than six months and not more than three years and with fine; or

(h)the act of terrorism committed falls under clauses (h) to (n) of sub-section (2) of Section 6, shall be punishable, on conviction, to imprisonment of not less than one year and not more than ten years and with fine; and

(i)any other act of terrorism not falling under Clauses (a) to (h) above or under any other provision of this Act, shall be punishable, and not less than six months and not more than five years or with fine or with both]

While on the foregoing it may be pertinent to note that the Protection of Pakistan Ordinance 2013 provides for the pre-emption of any terrorist activities by resorting to the might of the armed forces of Pakistan. Instead of waiting for the commission of the scheduled offences and thereafter their the prosecution, the Ordinance allows the armed forces to engage individuals who the state, or any individual to whom the state delegates that authority, terms as a potential terrorist.

Also, the army is not a legal person and therefore not triable for any of the scheduled offences aforementioned. Individual armymen, however, are not impervious to the applicability of the penal laws of Pakistan, but they do have immunity from the laws herein mentioned by virtue of the Pakistan Army Act, 1952.