ISLAMABAD: Pakistan People Party (PPP) has rejected the Pakistan Protection Ordinance 2013 and described it as an assault on the fundamental rights of citizens.
The ordinance was promulgated on Sunday which aimed at strengthening the hands of law-enforcement agencies against terrorists and ensuring speedy disposal of cases by the courts.
Talking to media persons, PPP’s Parliamentary Leader in the Senate Raza Rabbani said that the ordinance in its present form is not acceptable; however, he said his party had no plan to challenge the ordinance in a court of law.
Rabbani said the PPP would oppose it when the government brought it to parliament in the form of a bill.
Read complete Ordinance hereunder:
PROTECTION OF PAKISTAN ORDINANCE, 2013
An
Ordinance
to provide for protection against waging of war against Pakistan and
the prevention of acts threatening the security of Pakistan;
WHEREAS it is expedient to provide for protection against waging of
war against Pakistan, prevention of acts threatening the security of
Pakistan and for speedy trial of offences falling in the Schedule
annexed to this Ordinance and for matters connected therewith or
incidental thereto;
AND WHEREAS pursuant to the directions of the Hon’ble Supreme Court in
cases of civil disturbance in different parts of the Country, it has
become imperative to promulgate a law in order to give effect to such
directions;
AND WHEREAS the Senate and the National Assembly are not in Session
and the President is satisfied that the circumstances exist which
render it necessary to take immediate action;
NOW, THEREFORE, in exercise of the powers conferred by clause (1) of
Article 89 of the Constitution of the Islamic Republic of Pakistan,
the President is pleased to make and promulgate the following
Ordinance:-
1. Short title, extent and commencement.-(1) This Ordinance may be
called the Protection of Pakistan Ordinance, 2013.
(2) It extends to the whole of Pakistan.
(3) It shall come into force on such date or dates as the Federal
Government may appoint in this behalf and different dates may be
appointed for different provisions of this Ordinance.
2. Definitions.- In this Ordinance, unless there is anything repugnant
in the subject or context,-
(a) “Armed forces” means the Military, Naval and Air Forces of
Pakistan and the Reserves of such Forces;
(b) “Civil armed forces” means Police, Frontier Constabulary, Frontier
Corps, Pakistan Coast Guards, Pakistan Rangers or any other civil
armed force notified by the Government as such;
(c) “Code” means the Code of Criminal Procedure, 1898 (Act V of 1898);
(d) “Enemy alien” means a person who fails to establish his
citizenship of Pakistan and is suspected to be
involved in waging of war or insurrection against Pakistan or
depredation on its territory, by virtue of involvement in offences
specified in the Schedule;
(e) “Special Court” means the Special Court established under section 7;
(f) “Police” includes all the police forces established by the
Provincial Governments;
(g) “Government” means the Federal Government;
(h) “Prosecutor General” means the person appointed as Prosecutor
General by the Government under this Ordinance;
(i) “Prosecuting agency” means a prosecuting agency established by the
Government for the prosecution of offences falling under this
Ordinance;
(j) “Schedule” means a Schedule annexed to this Ordinance;
(k) “Scheduled offence” means an offence as set out in the Schedule
annexed to this Ordinance; and
(l) “Special Judicial Magistrate” means the Special Judicial
Magistrate appointed under section 7.
3. Use of armed forces and civil armed forces to prevent scheduled
offences.-(1) Any police officer, or member of the armed forces, or
civil armed forces who is present or deployed in any area may, on
reasonable apprehension of commission of a scheduled offence after
giving sufficient warning, use the necessary force to prevent the
commission of a scheduled offence, and in so doing shall, in the case
of an officer of the armed forces or civil armed forces, exercise all
the powers of a police officer under the Code.
(2) In particular and without prejudice to generality of sub- section
(1), an officer of the police, armed forces and civil armed forces
may,-
(a) after giving prior warning use such force as may be
deemed necessary or appropriate, keeping in view all the facts and
circumstances of the situation, against any person who is committing
or in all probability is likely to commit a scheduled offence, it
shall be lawful for any such officer after forming reasonable
apprehension that death, grievous hurt or destruction of property may
be caused by such act, to fire, or order the firing upon any person or
persons against whom he is authorized to use force in terms hereof;
(b) any police officer , a member of the armed forces or
civil armed forces acting in aid of civil authority may arrest,
without warrant, any person who has committed a scheduled offence or
against whom a reasonable suspicion or credible information exists
that he has committed, or is about to commit any such act or offence;
and
(c) any such officer may enter and search, without warrant
any premises to make any arrest or to take possession of any property,
fire-arm, weapon or article used, or likely to be used, in the
commission of any scheduled offence.
(3) Nothing contained in sub-section (1) or sub-section (2) shall
affect the provisions of Chapter IX of the Code and the provisions of
section 132 of the Code shall apply to any person acting under this
section.
4. Application of Code.-The provisions of the Code of Criminal
Procedure (Act V of 1898) in so far as these are not inconsistent with
the procedure provided in this Ordinance shall be applicable to
inquiries, investigations and trial of the Scheduled Offences.
5. Investigations.-(1) All the scheduled offences shall be cognizable
and non-bailable.
(2) All scheduled offences shall be inquired into and investigated by
a Joint Investigation Team comprising of one gazzetted police officer
and two officers from the armed forces/civil armed forces acting in
aid of civil authority.
(3) Whenever a person is arrested or detained in custody under clause
(b) of sub-section (2) of section 3 and it appears that the inquiry or
investigation cannot be completed within the period of twenty-four
hours, a member of Joint Investigation Team or any other officer
acting under him, excluding the time necessary for journey from the
place of arrest or detention to the court shall produce him before a
Special Judicial Magistrate and may apply for remand of the accused to
the custody of the police or custody of any other investigating
agency.
(4) A Special Judicial Magistrate may authorize, from time to time,
the detention of the accused in such custody as such Special Judicial
Magistrate thinks fit for a term not exceeding ninety days:
Provided that all such reports requesting for further custody
of the accused shall be submitted through the Public Prosecutor.
(5) A person arrested or detained under this Ordinance whose identity
is unascertainable shall be considered as an enemy alien and, subject
to provisions of section 14, he shall be presumed to have joined
waging war or insurrection against Pakistan:
Provided that for the purposes of this Ordinance, such
alien shall include a Commonwealth citizen.
6. Preventive Detention.-The Government may by an order in writing
issued by the Secretary Ministry of Interior, or any officer, not
below the rank of BPS-21, specifically designated in this behalf,
authorize the preventive detention of a person for a period not
exceeding ninety days if there are grounds to infer that such person
is acting in a manner prejudicial to the integrity, security, defense
of Pakistan or any part thereof, or external affairs of Pakistan, or
public order or maintenance of supplies and services;
Explanation I: A person connected or likely to be connected with the
commission of a scheduled offence or a person falling under
sub-section (5) of section 5 shall be deemed to be a person acting in
the manner stated above:
Provided that detention of such person shall be regulated in
accordance with the provisions of Article 10 of the Constitution:
Provided further that by virtue of clause (9) of Article 10 of the
Constitution, an enemy alien may be detained by the Government for
such period as may be determined by it from time to time.
7. Report.-Upon completion of investigation, the Joint Investigation
Team shall, through the Public Prosecutor, submit a report before the
Special Court.
Provided further that notwithstanding anything contained in
the Qanun-e-Shahadat, 1984 (P.O.10 of 1984), such report shall be
admissible in evidence against the accused.
8. Establishment of Special Courts etc.- (1) The Government may
establish as many Special Courts under this Ordinance as determined by
it.
(2)The Government, in consultation with the Chief Justice of the
concerned High Court, may appoint any person as judge of the Special
Court constituted under this Ordinance who is or has been a Sessions
Judge in any province of Pakistan or has been an Advocate of the High
Court for a period of not less than ten years.
(3) A judge Special Court shall have all the powers of a Sessions
Court as provided under the Code.
(4) The Government may provide security of tenure to a judge of the
Special Court appointed under this Ordinance through rules to be
framed under this Ordinance.
(5) The Government may, in consultation with the Chief Justice of the
concerned High Court, appoint any Magistrate of the First Class
serving as a member of the subordinate judiciary under any High Court
or any other officer of not less than BPS-18 of the Pakistan
Administrative Service or Provincial Management Service of any
Province as Special Judicial Magistrate.
(6) The Special Judicial Magistrate shall have all the powers of
Magistrate First Class provided under the provisions of the Code,
unless these are inconsistent with the provisions of this Ordinance.
(7) No Special Court shall take cognizance of a scheduled offence
except on a report submitted under section 6.
9. Place of inquiries, investigations and trials etc.- (1) The
Government, on the report of a prosecuting agency, shall determine the
place of custody, inquiry, investigation and trial of a scheduled
offence anywhere in Pakistan.
(2) A person convicted of a scheduled offence subject to direction of
the Government may be confined at any place in Pakistan including the
prisons established by the Provincial and Federal Governments.
10. Establishment of Prosecuting Agency.- The Government shall
establish an independent Prosecuting Agency headed by a Prosecutor
General in order to provide consultation and legal guidance to the
investigating agency and to conduct the prosecution of scheduled
offences.
11. Prosecutor General.-(1) The Government may appoint any person as
Prosecutor General who is not less than forty-five years of age and
has been an Advocate of the High Court for a period of not less than
ten years.
(2) The Prosecutor General may issue instructions and guidelines for
the competent investigation and effective prosecution of the cases of
scheduled offences.
(3) The Prosecutor General may, with prior approval of the Government,
withdraw from the prosecution of any accused in a case pending before
any Special Court and on submission of such request the Court shall
discharge or acquit the accused from the case as it may deem fit.
12. Protection of judges, prosecutors and witnesses etc.- The
Government shall take appropriate measures to provide adequate
security to the prosecution witnesses, investigating officers,
prosecutors, Special Judicial Magistrates and Judges of the Special
Courts and for this purpose may establish, anywhere in Pakistan, safe
houses and high security prisons with court rooms.
13. Joint trial.- (1) While trying any offence under this Ordinance, a
Special Court may also try any other offence, which an accused may,
under the Code of Criminal Procedure, 1898, be charged, at the same
trial if the offence is connected with such other offence.
(2) If, in the course of any trial under this Ordinance of any
scheduled offence it is found that the accused person has committed,
in addition, any other offence under any other law for the time being
in force, the Special Court may convict an accused for such other
offence also and pass any sentence authorized by this Ordinance or, as
the case may be, such other law.
14. Burden of proof.- An accused facing the charge of a scheduled
offence on existence of reasonable evidence against him, shall be
presumed to be engaged in waging war or insurrection against Pakistan
unless he establishes his non-involvement in the offence.
15. Punishments.- Notwithstanding anything contained in the Pakistan
Penal Code or any other law for the time being in force, the scheduled
offence shall be punishable with imprisonment which may extend to ten
years, with fine and confiscation of property unless the scheduled
offence already provides a higher punishment.
16. Transfer of cases.- (1) Where, after taking cognizance of an
offence, a Special Court is of opinion that the offence is not a
scheduled offence, it shall, notwithstanding that it has no
jurisdiction to try such offence, return the case to the prosecuting
agency for its submission before a court of ordinary jurisdiction.
(2) The Prosecutor General may, with the consent of the Chief Justice
of High Court concerned, at any stage of proceedings, withdraw a case
from any court established under any other law or from a Special Court
and submit the same before any other Special Court and such Special
Court shall proceed with the case from the stage at which it was
pending.
17. Certain provisions of the Code not applicable.- The provisions of
sections 374, 426, 435, 439, 439A, 491, 496, 497, 498 and 561A of the
Code shall not be applicable to the scheduled offences.
18. Appeal.- (1) An appeal against the final judgment of a Special
Court shall lie to the Supreme Court.
(2) Copies of the judgments of a Special Court shall be supplied to
the accused and public prosecutor on the day the judgment is
pronounced.
(3)Any aggrieved person or the Government may file an appeal against
the final judgment of a Special Court within a period of fifteen days
from the pronouncement of judgment.
19. Savings.- No member of the police, armed forces or civil armed
forces acting in aid of civil authority, Prosecutor General,
prosecutor, Special Judicial Magistrates or the Judge of a Special
Court shall be liable to any action for the acts done in good faith
during the performance of their duties.
20. Power to make rules.- The Government may from time to time make
rules to carry out the purposes of this Ordinance and may also amend,
delete or add any offence in the Schedule by publication of a
notification in the official gazette.
SCHEDULE
[See section 2(i)]
Scheduled Offences (1) The following acts, if committed with the
purpose of waging war against Pakistan or threatening the security of
Pakistan shall be the scheduled offences and includes other offences
relating to:
(i) acts that are calculated to influence or affect the conduct
of Government by intimidation or coercion, or to retaliate against
government conduct;
(ii) crimes against ethnic, religious and political groups or
minorities including offences based on discrimination, hatred, creed
and race;
(iii) use of arson, fire-bombs, suicide bombs, biological weapons,
chemical weapons, nuclear arms, plastic explosives and other materials
capable of exploding or creating bombs employed to kill persons or
destroy property;
(iv) use of arson and bombs on public places, government premises,
sites of worship, historical places, business concerns, or other
places, and risking or causing death to any person therein;
(v) killing, kidnapping, extortion, assault or attack of members
of the Parliament, Judiciary, Executive, Media, and other important
personalities;
(vi) killing, kidnapping, extortion, assault or attack on officers
and employees of Pakistan including armed forces and law enforcement
agencies;
(vii) killing, kidnapping, extortion, assault or attack on foreign
officials, official guests, tourists, foreign visitors, or
internationally protected persons etc;
(viii) killing, kidnapping, extortion, assault or attack on social
or welfare workers, including health personnel, aid workers, and
volunteers;
(ix) destruction of or attack on communication and interaction
lines, devices, grids, stations, or systems etc;
(x) destruction of or attack on energy facilities including
dams, power generating and distributing systems including stations,
lines and poles;
(xi) destruction of or attack on aircrafts and airports, attack on
flight crew with any weapon or endangering human life by means of
weapons on aircrafts;
(xii) destruction of or attack on gas or oil pipelines and liquid
or natural gas facilities and other means of their transport including
tankers;
(xiii) destruction of or attack on of national defense materials,
premises, utilities, and installations including check posts, prisons
and other fixtures;
(xiv) crimes against computers including cyber crimes, internet
offenses and other offences related to information technology etc;
(xv) wrecking, disrupting or attacking mass transport systems
including trains, buses, cars and their stations and ports;
(xvi) violence or attack against maritime navigation, maritime fixed
platforms, shipping and port installations and other maritime
fixtures;
(xvii) violence against nuclear arms, sites or any other related installations;
(xviii) hostage taking, or attempting to take hostage any person;
(xix) violence against nationals occurring outside of Pakistan;
(xx) transcending or crossing national boundaries.
(2) Offences Punishable under Sections 121, 121A, 122, 123, 123A,
123B, 124, 124A, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134,
135, 136, 137, 138, 139 and 140 of the Pakistan Penal Code.
(3) Any abetment or conspiracy to commit any of the above offences.
MAMNOON HUSSAIN
PRESIDENT
