Page 1 of 2 12 LastLast
Results 1 to 20 of 24

Thread: Pakistan Protection Ordinance

Share             
  1. #1
    Media Editor Razamustafa76's Avatar
    Join Date
    May 2013
    Location
    Wazirabad
    Posts
    5,037
    Thanks
    3317
    Pakistan Saudi Arabia

    Pakistan Protection Ordinance



    ISLAMABAD: The government reinforced its anti-terror legislation on Sunday as President Mamnoon Hussain approved the Pakistan Protection Ordinance, a document that declares all peace-disrupting elements as ‘enemies of the state’, and declares protection of life to be the state’s top priority.

    The President stamped his approval following advice from the Prime Minister. The ordinance promises to bring in new legislation to improve the country’s precarious security situation.

    The new laws will also increase security of life in the country.

    Civil and armed forces have been promised complete support and assistance from the state in their endeavours for law-enforcement.

    It went on to reveal that in areas where civil forces have been deployed for work, any major criminal incident which occurs will be investigated by joint investigation teams.

    The government pledged once again that every possible resource and tactic will be summoned to serve the state’s mission of reviving peace in the country.

    Specifically, the state resolved to not let Afghan immigrants or other foreign nationals be used for terrorist purposes.

    Anti-terrorism legislation piling up

    Sunday’s ordinance is just another addition to a list of anti-terrorism legislation the Pakistan Muslim League-Nawaz (PML-N) government has been introducing in the recent past.

    Earlier this month, the President had promulgated another ordinance, which proposed longer detention for suspects and accepted electronic evidences and trials by video links.

    The amendments also introduced new witness protection measures and instructed provincial governments “to take necessary steps to ensure that prisoners in jails do not have access to mobile phones.”



    Full text of the ordinance is produced below:

    Ordinance

    further to amend the Anti-terrorism Act, 1997



    WHEREAS it is expedient further to amend the Anti-terrorism Act, 1997 (XXVII of 1997), for the purposes hereinafter appearing;

    AND WHEREAS the National Assembly and the Senate are not in session and the President is satisfied that 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 and commencement.-

    (1) This Ordinance may be called the Anti-terrorism (Amendment) Ordinance, 2013.

    (2) It shall come into force at once.



    2. Amendment of section 5, Act XXVII of 1997.- In the Anti-terrorism Act, 1997 (XXVII of 1997), hereinafter referred to as the said Act, in section 5, in sub-section (2), in paragraph (i), for the words “when fired upon” the words and comma “after forming reasonable apprehension that death, grievous hurt or destruction of property may be caused by such act” shall be substituted;

    3. Amendment of section 11EEEE, Act XXVII of 1997.– In the said Act, in section 11EEEE,-



    (i) for sub-section (1), the following shall be substituted, namely,-



    “(1) The Government or, where the provisions of section 4 have been invoked, the armed forces or civil armed forces, as the case may be, subject to the specific or general order of the Government in this regard, for period not exceeding three months and after recording reasons thereof, issue order for the preventive detention of any person who has been concerned in any offence under this Act relating to the security or defence of Pakistan or any part thereof, or public order relating to target killing, kidnapping for ransom, and extortion / bhatta, or the maintenance of supplies or services, or against whom a reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists of his having been so concerned, for purpose of inquiry:

    Provided that further detention of such person if necessary shall be subject to provisions of Article 10 of the Constitution.”;

    (ii) in sub-section (2), for the full stop at the end a colon shall be substituted and thereafter the following proviso shall be inserted, namely:-

    “Provided that where the detention order has been issued by the armed forces or civil armed forces under sub-section (1), the inquiry shall be conducted by the JIT comprising members of armed forces or civil armed forces, as the case may be, intelligence agencies and other law enforcement agencies, including a police officer not below the rank of Superintendent of Police; and

    (iii) after sub-section (2) amended as aforesaid, the following new sub-section shall be inserted, namely:-

    “(2a) The provisions of sub-sections (1) and (2) amended as aforesaid shall remain in force for such period as may be notified by the Government from time to time:

    Provided that such period shall not exceed two years from the commencement of the enactment of this Ordinance by Parliament.”.



    4. Amendment of section 18, Act XXVII of 1997.- In the said Act, in section 18, in sub-section (1), the word “Provincial” shall be omitted.



    5. Amendment of section 19, Act XXVII of 1997.- In the said Act, in section 19,- (i) for sub-section (1), the following shall be substituted, namely:-

    “(1) The offences under this Act shall be investigated by a police officer not below the rank of Inspector or, where the Government deems it necessary, by a Joint Investigation Team (JIT) to be constituted by the Government comprising the investigating officer of police not below the rank of Inspector, and officers from intelligence agencies and other law enforcement agencies. The investigating officer or the JIT, as the case may be, shall complete the investigation in respect of cases triable by the Court within thirty working days. The report under section 173 of the Code shall be signed and forwarded by the investigating officer of police directly to the Court:



    Provided that where the provisions of sections 4 and 5 have been invoked, the investigation shall be conducted by the JIT comprising members of armed forces or civil armed forces, as the case may be, intelligence agencies and other law enforcement agencies including an investigating officer of police not below the rank of Inspector who shall sign the report under section 173 of the Code and forward it to the Court.



    Provided further that, where investigation is not completed within a period of thirty days from the date of recording of the first information report under section 154 of the Code, the investigating officer or the JIT shall, within three days after expiration of such period, forward to the Court through the Public Prosecutor, an interim report under section 173 of the Code, stating therein the result of investigation made until then and the Court shall commence the trial on the basis of such interim report, unless, for reasons to be recorded, the Court decides that the trial may not so commence. The interim report shall be signed by the investigating officer of police.”;



    (ii) after sub-section (1A), the following new sub-section shall be inserted, namely:-



    “(1B) Where any person has been arrested by the armed forces or civil armed forces under section 5, he shall be handed over to the investigating officer of the police station designated for the purpose by the Provincial Government in each District.”;



    (iii) for sub-section (7), the following shall be substituted, namely:-

    “(7) The Court shall, on taking cognizance of a case, proceed with the trial from day-to-day and shall decide the case within seven days, failing which the matter shall be brought to the notice of the Chief Justice of the High Court concerned for appropriate directions, keeping in view the facts and circumstances of the case.”;



    (iv) in sub-section (8), for the words “consecutive adjournments during the trial of the case” the words “adjournments during the trial of the case and that too on imposition of exemplary costs” shall be substituted; and



    (v) in sub-section (8a), after the word “sub-section” the brackets, figure and word “ (7) or” shall be inserted.



    6. Insertion of new section, Act XXVII of 1997.- In the said Act, after section 19A, the following new section shall be inserted, namely:-



    “19B Pre-trial scrutiny.- Before commencement of the trial, the Prosecutor shall scrutinize the case file to ensure that all pre-trial formalities have been completed so that the actual trial proceeds uninterrupted from day-to-day.”.



    7. Amendment of section 21, Act XXVII of 1997.- In the said Act, in section 21,-





    (1) in sub-section (2), after the word “proceedings” and full-stop at the end, the following shall be inserted, namely:-

    “These measures may include the following, namely:-

    (a) screens may be used during trial to shield witnesses, Judges and Prosecutors from public view;

    (b) trial may be held in jail premises or through video link

    (c) witness protection programmes may be established by the Government through law or rules.



    The Provincial Government shall take necessary steps to ensure that prisoners in jails do not have access to mobile phones.”; and



    (2) after sub-section (3), the following new sub-section shall be inserted, namely:-

    “(4) The provisions of this section shall have effect notwithstanding anything contained in any other law for the time being in force, including the Qanun-e-Shahadat, 1984 (P.O. No. 10 of 1984).”.



    8. Amendment of section 27, Act XXVII of 1997.- (1) Section 27 shall be renumbered as sub-section (1) thereof, and,-



    (i) in the short title, after the word “investigation” the words “and reward for successful investigation” shall be added; and

    (ii) after sub-section (1) renumbered as aforesaid, the following new sub- section shall be inserted, namely,-



    “(2) Incentive systems shall be introduced by the Provincial Governments providing for appropriate rewards to investigating officers who conduct successful investigation.”.



    9. Insertion of new section, Act XXVII of 1997.- In the said Act, after section 27A, the following new secers who conduct successful investigation.”.



    9. Insertion of new section, Act XXVII of 1997.- In the said Act, after section 27A, the following new section shall be inserted, namely:-

    “27B. Conviction solely on the basis of electronic or forensic evidence etc.- Notwithstanding anything contained in this Act or Qanun-e-Shahadat, 1984 (P.O.No.10 of 1984) or any other law for the time being in force, the conviction of an accused for an offence under this Act solely on the basis of electronic or forensic evidence or such other evidence that may have become available because of modern devices or techniques referred to in Article 164 of the Qanun-e-Shahdat, 1984 (P.O. No. 10 of 1984), shall be lawful.”.



    10. Amendment of section 28, Act XXVII of 1997.- In the said Act, in section 28,-(i) after sub-section (1), the following new sub-section shall be inserted, namely:-



    “(1A) Where it appears to the Government that it would be in the interest of justice or expedient for protection and safety of judges, witnesses or prosecutors, it may apply to the Chief Justice of the High Court concerned for transfer of a case from an Anti-terrorism Court falling within its jurisdiction to an Anti-terrorism Court in any other place in Pakistan, and for this purpose shall also seek concurrence of the Chief Justice of the High Court concerned.”; and



    (ii) after sub-section (2), the following new sub-sections shall be added, namely:-

    “(3) The Federal Government may in the interests of justice and for protection and safety of witnesses and investigators, transfer the investigation of any case from one place to any other place in Pakistan.



    (4) The investigating officer or the agency to which case is transferred under sub-section (3), may proceed from the stage the inquiry or investigation was left or may proceed with the case as if it had been originally entrusted to him or the agency, as the case may be.



    (5) On completion of investigation and before submission of report under section 173 of the Code, the Federal Government may direct that the case falling in the jurisdiction of a particular Anti-terrorism court may be forwarded for trial to another Anti-terrorism court any where in Pakistan, as may be specified by the Federal Government in this behalf, in the public interest or for the safety and protection of judges, public prosecutors or witnesses.”
    http://tribune.com.pk/story/620059/a...ion-ordinance/

  2. #2
    Senior Member Hope's Avatar
    Join Date
    Aug 2012
    Posts
    7,856
    Thanks
    3799
    Pakistan United Arab Emirates

    PTI and MQM to resist PPO passage from National Assembly

    December 13, 2013
    WAQAR LILLAH

    Terming the Protection of Pakistan Ordinance 2013 (PPO) as 'black law', Muttahida Qaumi Movement on Thursday warned that it would resist the ordinance with tooth and nail if the government tabled it in the National Assembly for passage.

    MQM and Tehreek-e-Insaf (PTI) lawmakers while participating in the debate on a motion moved by Minister for Science and Technology Zahid Hamid in the National Assembly regarding prevailing law and order situation in the country, said that the proposed ordinance is similar to Terrorist and Disruptive Activities Act (TADA) 1990 promulgated in occupied Kashmir by India, which allows the Indian forces to carryout inhuman actions against the Muslims of Kashmir with absolute impunity.

    Taking part in the debate, Nabeel Gabol of MQM said that promulgation of the PPO may trigger grave human rights violations. The MQM would strongly resist if the government tabled the ordinance in the National Assmebly, he added. He feared that the PPO may be used to suppress the MQM in Karachi.

    About the on going targeted operation against criminal elements in Karachi, he said that the operation was diverted toward MQM as around 35 MQM workers were missing since launching of the operation. He said that the MQM had objection on the strategy adopted for the operation, adding that MQM was also supported the operation against criminals in the mega city.

    "We do not have any doubt on the will of Prime Minister Nawaz Sharif and Interior Minister Chaudhry Nasir, but we have objection on the strategy being used during the operation in Karachi," he said. He proposed that the government should brief lawmakers about the current law and order situation during an in-camera meeting.

    Dr. Shireen Mazari of PTI while participating in the debate strongly criticised the government's move to pass the PPO, saying that the TADA, which was promulgated in occupied Kashmir, is widely condemned by the entire world. She maintained the fundamental human rights violations would increase, if the ordinance was enacted.

    She asked the government to detach itself from the ongoing war on terror as it is not their war and it should implement the decision of APC on the US drone attacks on Pakistani soil.

    She also underlined that de-politicising of police is necessary to improve law and order, adding that the Khyber Pakhtunkhwa government has depoliticized police while Punjab and Sindh have yet to take any initiative in this regard.

    Chief of Awami Muslim League Shaikh Rashid Ahmed said that there is a need to monitor the source of funding to several religious organisations without any discrimination.

    He deplored that law & order situation in the country is worst, adding that Islamabad is prone to terrorists' activities and measures should be taken to avert any untoward incident.

    Meanwhile, on a point of order, Shaikh Rashid Ahmed urged speaker National Assembly to direct the relevant officials to issue development funds of MNAs as soon as possible. He asked the speaker to pass a ruling on the issue so that the funds could be released.

    Responding to Shaikh Rashid point of order, State Minister for Parliamentary Affairs Shaikh Aftab Ahmed assured the House to submit complete report on the situation.

    http://www.brecorder.com/general-news/172/1264036/

  3. #3
    Senior Moderator Superkaif's Avatar
    Join Date
    Jun 2012
    Location
    Leeds, United Kingdom
    Posts
    14,888
    Thanks
    12096
    UK Pakistan

    Pakistan Protection Ordinance

    KARACHI: The Sindh government Tuesday assured to federal government to provide full assistance in implementing the Pakistan Protection Ordinance (PPO) and called for rectification of certain legal issues through amendments in the ordinance.

    Prosecution being the primary function of provincial governments under the PPO as was pointed out during a high level meeting chaired by Sindh Chief Minister Syed Qaim Ali Shah at the Chief Minister House in Karachi.

    Additional Chief Secretary (Home) Syed Mumtaz Ali, Secretary Finance Sohail Rajput, Secretary Law Mir Muhammad Shaikh, IG Sindh Police Shahid Nadeem Baloch, Advocate General of Sindh Khalid Javaid, IG Prisons Nusrat Manghan, Prosecution General of Sindh and other officers attended the meeting.

    Under the anti-terrorism ordinance, promulgated last year, shoot-on-site powers are given to civil armed forces for maintenance of peace in the country while providing them a ‘very short’ time for investigation.

    Another significant feature of the ordinance is to provide complete protection of law to all civil and military law-enforcement agencies and their personnel to discharge their mission within the parameters of the constitution that deal with unusual circumstances in which the federation can intervene in provincial affairs. A provincial government can also seek help from the federal government.

    Additional Chief Secretary (Home) Syed Mumtaz Shah briefed the meeting that the federal government wants to establish Special Courts in collaboration with provincial governments for trial of cases under PPO.

    Islamabad has requested for providing necessary help and a number of such required courts in the province along with location with proper security to witness, prosecution officials and judges, he added.

    Chief Minister Shah agreed to provide full assistance to the centre upon resolution of some legal issues which would be communicated to the concerned authorities through home department.

    After threadbare discussion on the prosecution and prisons’ issues, it was noted that certain issues need to be resolved to make the ongoing targeted operation in Karachi successful.

    The chief minister took serious note of the criminal activities being carried out by the prisoners through communication devices and directed the additional home secretary to immediately move 51 dangerous and convicted prisoners out of Karachi in other parts of the province. Who then informed the meeting that as many as 500 such under trial prisoners have been identified.

    The chief minister directed the IG prisons to ensure installation of mobile jammers in the Central and Landhi jails in Karachi within a month, for which, he said Rs88 million have already been released to the concerned administration.

    Shah also constituted a committee under additional home secretary to approach the Sindh High Court (SHC) and evolve such a mechanism under which the challaned cases, pertaining to ongoing targeted operation against outlaws, be decided within a week by the anti-terrorism courts.

    He also took serious note of the ‘weak challans’ submitted in the courts specially under the Arms Act.

    The IG Sindh Police was also directed to take action against the police officers who challaned their cases with defective arms, or licensed arms in the courts that resulted in release of the accused easily.

    http://www.dawn.com/news/1078981/sin...e-to-islamabad

  4. #4
    Senior Moderator Superkaif's Avatar
    Join Date
    Jun 2012
    Location
    Leeds, United Kingdom
    Posts
    14,888
    Thanks
    12096
    UK Pakistan

    MQM submits resolution against Pakistan Protection Ordinance

    KARACHI: Muttahida Qaumi Movement (MQM) submitted a resolution against the Pakistan Protection Ordinance (PPO) in the Sindh Assembly on Monday, reported Express News.

    Earlier, MQM leader Nabeel Gabol said the PPO usurped democratic rights, adding “We will not allow any law against the democratic norms.”

    The ordinance, which allows law enforcement officials to use force against, and arrest without warrant, any person who they consider is likely to commit a scheduled offence, was approved by President Mamnoon Hussain on October 20. It was presented in the National Assembly on November 7.

    The Pakistan Peoples Party (PPP) was the first to reject the ordinance. Following a debate over the inflated prices of essential commodities, the lower house started a debate on law and order.

    In 2013, SPO representatives presented a comparative analysis of the PPO 2013 with the Constitution, the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.

    The analysis showed the PPO 2013 violated Article 9 and 10 (1) of the Constitution by allowing law enforcement officials to fire even on apprehension of scheduled offences and arrest without warrant on reasonable suspicion.

    http://tribune.com.pk/story/661052/m...ion-ordinance/

  5. #5
    Forum Administrator bilalhaider's Avatar
    Join Date
    Jul 2012
    Posts
    6,605
    Thanks
    4000
    Pakistan Pakistan

    Re: MQM submits resolution against Pakistan Protection Ordinance

    I'm not a fan of the MQM, but they may be right in this case. I can only see this Ordinance exploited for political means.

  6. #6
    Administrator Aryan_B's Avatar
    Join Date
    Jun 2012
    Location
    Utopia
    Posts
    14,322
    Thanks
    8763
    Pakistan England

    Re: MQM submits resolution against Pakistan Protection Ordinance

    I think MQM would probably do a lot better if they got rid of that liability they have of a leader

  7. #7
    Think Tank Muse's Avatar
    Join Date
    Nov 2012
    Posts
    11,034
    Thanks
    5084
    UK UK

    Re: MQM submits resolution against Pakistan Protection Ordinance

    Quote Originally Posted by bilalhaider View Post
    I'm not a fan of the MQM, but they may be right in this case. I can only see this Ordinance exploited for political means.
    But if they think they are right Why have they not challenged this in courts of law?? A provincial "resolution", if passed, will merely express the sense of the provincial assembly - Can provinces disregard laws approved by the federal president??

  8. #8
    Forum Administrator bilalhaider's Avatar
    Join Date
    Jul 2012
    Posts
    6,605
    Thanks
    4000
    Pakistan Pakistan

    Re: MQM submits resolution against Pakistan Protection Ordinance

    Quote Originally Posted by Muse View Post
    But if they think they are right Why have they not challenged this in courts of law?? A provincial "resolution", if passed, will merely express the sense of the provincial assembly - Can provinces disregard laws approved by the federal president??
    I think it will be challenged if the situation gets 'out of hand'. Or maybe they think by submitting a resolution against the PPO, they are pressurizing the federal government to reconsider their decision.

  9. #9
    Think Tank Muse's Avatar
    Join Date
    Nov 2012
    Posts
    11,034
    Thanks
    5084
    UK UK

    Re: MQM submits resolution against Pakistan Protection Ordinance

    Quote Originally Posted by bilalhaider View Post
    I think it will be challenged if the situation gets 'out of hand'. Or maybe they think by submitting a resolution against the PPO, they are pressurizing the federal government to reconsider their decision.
    However, it seems to me that what they are doing is trying to save their personnel who are involved with illegal activities -- it's just such a damn shame, they really could play a positive role, if they partnered with industry and capital, to change the face of the Sindh, change it's feudal character and in doing so, change the substance of politics in the Sindh - with success in the Sindh, they could move national - but instead, they prefer criminal activity and see industry and capital as their prey and not as their partners.
    The Following 2 Users Say Thank You to Muse For This Useful Post: bilalhaider,Express


  10. #10
    Forum Administrator bilalhaider's Avatar
    Join Date
    Jul 2012
    Posts
    6,605
    Thanks
    4000
    Pakistan Pakistan

    Re: MQM submits resolution against Pakistan Protection Ordinance

    Quote Originally Posted by Muse View Post
    However, it seems to me that what they are doing is trying to save their personnel who are involved with illegal activities -- it's just such a damn shame, they really could play a positive role, if they partnered with industry and capital, to change the face of the Sindh, change it's feudal character and in doing so, change the substance of politics in the Sindh - with success in the Sindh, they could move national - but instead, they prefer criminal activity and see industry and capital as their prey and not as their partners.
    I agree with you here, that is definitely the main reason they are doing this.

  11. #11
    Senior Member Express's Avatar
    Join Date
    Jul 2012
    Posts
    10,678
    Thanks
    7341
    Pakistan Pakistan

    Re: MQM submits resolution against Pakistan Protection Ordinance

    Quote Originally Posted by Muse View Post
    However, it seems to me that what they are doing is trying to save their personnel who are involved with illegal activities -- it's just such a damn shame, they really could play a positive role, if they partnered with industry and capital, to change the face of the Sindh, change it's feudal character and in doing so, change the substance of politics in the Sindh - with success in the Sindh, they could move national - but instead, they prefer criminal activity and see industry and capital as their prey and not as their partners.

    Indeed I agree here. Perhaps a change of leadership is required to change direction. Why are they so loyal to Altaf ?

  12. #12
    Think Tank Muse's Avatar
    Join Date
    Nov 2012
    Posts
    11,034
    Thanks
    5084
    UK UK

    Re: MQM submits resolution against Pakistan Protection Ordinance

    Quote Originally Posted by Express View Post
    Indeed I agree here. Perhaps a change of leadership is required to change direction. Why are they so loyal to Altaf ?
    He knows where the bones are buried -- Altaf now seems divorced from reality, perhaps a meeting in which representatives of her Majesty's government can suggest a course change which will enable Scotland yard to back off -- but of course why would they do that ? Unless of course BP were to become a partner in a private consortium which may emerge after privatization
    The Following User Says Thank You to Muse For This Useful Post: Express


  13. #13
    Senior Member Express's Avatar
    Join Date
    Jul 2012
    Posts
    10,678
    Thanks
    7341
    Pakistan Pakistan

    Re: MQM submits resolution against Pakistan Protection Ordinance

    Quote Originally Posted by Muse View Post
    He knows where the bones are buried -- Altaf now seems divorced from reality, perhaps a meeting in which representatives of her Majesty's government can suggest a course change which will enable Scotland yard to back off -- but of course why would they do that ? Unless of course BP were to become a partner in a private consortium which may emerge after privatization
    He is the reason they are buried.

  14. #14
    Think Tank Muse's Avatar
    Join Date
    Nov 2012
    Posts
    11,034
    Thanks
    5084
    UK UK

    Re: MQM submits resolution against Pakistan Protection Ordinance

    Quote Originally Posted by Express View Post
    He is the reason they are buried.
    In for a penny , in for a pound

  15. #15
    Member SavingFace's Avatar
    Join Date
    Sep 2012
    Posts
    1,508
    Thanks
    299
    Pakistan Pakistan

    Re: MQM submits resolution against Pakistan Protection Ordinance

    Quote Originally Posted by Muse View Post
    He knows where the bones are buried -- Altaf now seems divorced from reality, perhaps a meeting in which representatives of her Majesty's government can suggest a course change which will enable Scotland yard to back off -- but of course why would they do that ? Unless of course BP were to become a partner in a private consortium which may emerge after privatization
    I think he is playing games, agree with Aryan. MQM should dispose Altaf off, too much problem case.

  16. #16
    Senior Member Express's Avatar
    Join Date
    Jul 2012
    Posts
    10,678
    Thanks
    7341
    Pakistan Pakistan

    Re: MQM submits resolution against Pakistan Protection Ordinance

    Quote Originally Posted by Muse View Post
    In for a penny , in for a pound

    but eventually he will bury them as an organization. Either they get rid or the whole ethos they believe in goes down the drain
    The Following User Says Thank You to Express For This Useful Post: Muse


  17. #17
    Senior Member Jameel's Avatar
    Join Date
    Aug 2013
    Posts
    3,802
    Thanks
    1714
    Pakistan Pakistan

    PTI terms Tahaffuz-e-Pakistan Ordinance as black law

    Senior PTI leader Shah Mahmood Qureshi dismissed Tahaffuz-e-Pakistan Ordinance (TPO) as a black law, saying that it would turn the country into a police state.

    Addressing a news conference at his residence here on Sunday, Qureshi said that the new ordinance was like imposition of a civilian martial law in the country.

    He appealed to opposition parties and Pakistan Bar Council (PBC) to oppose the bill and added that constitution cannot be negated for personal interests. .

    He explained that suspects would be arrested without any justification due to the bill.

    Security forces can detain anybody sans arrest warrant and it will have no record.

    The PTI leader urged the Supreme Court to take a suo motto notice to defend the constitution.

    http://www.samaa.tv/i%20erm%20ahaffz...w-76464-1.html

  18. #18
    Member greencold's Avatar
    Join Date
    Dec 2013
    Posts
    1,912
    Thanks
    963
    Europe Pakistan

    Pakistani government provides the military with further antidemocratic powers

    By Sampath Perera
    10 February 2014
    The Pakistani government of Prime Minister Nawaz Sharif has enacted anti-democratic laws that give the military sweeping powers in the name of fighting terrorism. The immediate target is Islamic fundamentalist groups, but the real aim is to take on the working class.

    The new laws, titled the Protection of Pakistan Ordinance, were declared in October last year and amendments further strengthening the legislation were incorporated in January. The measures came into force on February 2, via a presidential order that is effective for 90 days. The government recently presented the laws to parliament in an effort to make them permanent.

    Pakistan’s military already enjoys wide-ranging powers under the country’s various “anti-terror” ordinances. The new legislation is aimed at providing the military with total legal immunity. In recent months, the army has confronted several cases brought before civil courts, over the killing and disappearing of civilians. The new ordinance and amendments will prevent further cases being brought, by legalising arbitrary arrests and detention carried out by “authorised officers” of the armed forces.

    The new laws include the following provisions:

    * Section 3 of the ordinance allows the armed forces to prevent any offence “against the country.” The armed forces have “all the powers of a police officer.” The military can use force after warning a person who is about to commit an offence, and it is “lawful” for soldiers to fire upon them. Armed forces officers “may arrest” without warrant any person “scheduled to commit an offence,” and also search premises without warrant and arrest people.

    Offences are defined in wide ranging terms, including not just violent acts of terrorism, but also “crimes against computers including cyber crimes, internet offenses” and “crimes against ethnic, religious and political groups or minorities including offences based on discrimination, hatred, creed and race.”

    * Section 6 gives officers the power to arrest people and detain them for 90 days in the name of preventive detention on a government order. Persons alleged to be “acting in a manner prejudicial to the integrity, security, defence of Pakistan or any part thereof or external affairs of Pakistan, or public order or maintenance of supplies and services” can be taken into custody under preventive detention.

    * The government will establish special courts, with the powers of higher courts, to try those arrested. Punishment will be determined according to the country’s penal code, but if there are no existing provisions then a blanket sentence will be imposed of imprisonment for not less than 10 years. The special courts also have the authority to strip alleged offenders of their Pakistani citizenship.


    * The Protection of Pakistan Ordinance explicitly states that the burden of proof falls on the person arrested: “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.”

    * In the name of “national security,” the government will keep secret “information relating to the location of the detainee or accused or intern or internment centre.” Powers have also been given for “exclusion of public from proceedings of special courts” meaning those courts can hear cases in secret.

    These new laws have been introduced to absolve the security forces from charges of arbitrary arrests, detentions, disappearances and the killing of civilians during military operations. Several reports have emerged in recent years of mass graves being discovered in Pakistan.

    The UN news agency IRIN wrote on December 9 about a clash between the military and the judiciary over cases filed against army officers. Referring to a case involving the disappearance of 35 people from an internment centre in Waziristan, IRIN reported: “A packed court room watched as the defence minister [Khawaja Asif] has offered one excuse after another, failing to produce the [accused military] men before the courts or even to disclose their identities.” The chief justice hearing the case warned Asif to “stop handing us lollipops.”

    The Balochistan provincial government has claimed that 592 bodies of those “disappeared” have been unearthed since 2010. However, human rights activists put the number of missing persons in the thousands.

    The Dawn newspaper reported on January 18 that the Ministry of Defence had filed a petition against a Pakistani Supreme Court verdict on December 10 holding the army responsible for the 35 missing persons in Waziristan. The defence ministry declared the verdict would “demoralise the troops” who were combating “terrorists” in the Swat valley. A petition drafted by the attorney general’s office stated: “When the army was called to assist civil authorities … the jurisdiction of the high court as well as the fundamental rights guaranteed in the constitution are suspended.”

    Now the Sharif administration is seeking to give a veneer of legality to the situation in which the military carries out crimes against the population with impunity.

    The government is currently holding discussions with Tehrik-i-Taliban (TTP), but Washington is pressing for the suppression of TTP and demanding Islamabad step up military operations along the border area. Sharif’s top priority is to maintain and strengthen its relationship with Washington.

    Pakistan’s opposition parties, including Pakistan People’s Party (PPP), have declared their opposition to the legislation. The PPP’s parliamentary leader in the Senate, Raza Rabbani, told reporters: “The ordinance in its present form is not acceptable.” All of the opposition parties, however, have implemented similar repressive laws in the past and collaborated with former military dictatorships.

    The new measures will inevitably be utilised against the working class and rural poor, as the Pakistani ruling elite seeks to crush all opposition to the implementation of IMF-dictated austerity measures.

    http://www.wsws.org/en/articles/2014.../paki-f10.html

  19. #19
    Senior Member Fassi's Avatar
    Join Date
    Aug 2013
    Posts
    3,774
    Thanks
    1828
    Pakistan France

    PTI to challenge Pakistan Protection Ordinance in top court

    ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) on Tuesday announced it will challenge the recently passed Pakistan Protection Ordinance (PPO) in the Supreme Court, Express News reported.

    The controversial ordinance was passed on April 7 in the National Assembly amid furore from the opposition against the bill, who termed it regressive and extra-constitutional.

    PPO – approved by President Mamnoon Hussain last year – is a decree that declares all peace-disrupting elements as ‘enemies of the state’, and states protection of life to be the state’s top priority.

    Below are a few clauses from the ordinance:

    • Every possible state instrument and resource will be deployed to defeat and frustrate all or any nefarious attempt to create disorder.

    • The cancer of syndicated crime, in all its forms and manifestations, shall be responded by proportionate use of state force under the law.

    • Joint investigation teams shall be constituted to conduct investigations by security agencies and police in all heinous crimes committed in areas where civil armed forces are invited to aid civil power.

    • Those involved in syndicated crime shall be relocated to other parts of the country for transparency and fair trial.

    Special jails shall be designated to detain hardened criminals and the minimum quantum of punishments is now re-determined at ten years.

    • The state will not allow Afghan immigrants or other foreign nationals to be used for terrorist purposes.

    http://tribune.com.pk/story/692867/p...-in-top-court/

  20. #20
    Member cb4's Avatar
    Join Date
    Apr 2014
    Posts
    1,948
    Thanks
    677
    Pakistan Pakistan

    Senate unanimously approves Protection of Pakistan Bill 2014

    ISLAMABAD: The Upper House on Monday unanimously passed the Protection of Pakistan Bill 2014 which permits security forces to shoot suspects on sight with the permission of a grade-15 official.

    Minister for Science and Technology Zahid Hamid moved the bill in the Senate on behalf of Minister for Interior Chaudhry Nisar Ali Khan.

    Hamid said that it was very necessary to pass the bill in the Senate to counter the activities of terrorists across the country.

    He said it will send a message that the government stands with the military in the operation against terrorists in FATA.

    Hamid also appreciated the role of parliamentary leaders from all the political parties in the Senate who gave their suggestions in this regard.

    Later, PPP Senator Mian Raza Rabbani said that it was an alarming situation in which Minister for Interior Chaudhry Nisar Ali Khan did not take part in discussions with parliamentary leaders before the bill was approved in the Senate.

    Rabbani admitted that the PPO is a strict bill but the opposition parties support the government regarding the approval of the bill due to present law and order situation of the country.

    “The interior minister did not give any importance to the Upper House while it was necessary that he should be present in the Senate to move the bill today,” Rabbani added.

    He suggested the government discuss all issues on the floor of the parliament so that a solution for any problem faced by the government can be provided.

    JUI-F Senator and Chairman Senate Standing Committee on Interior Talha Mehmood said that the committee had passed the bill before moving it in the Senate.

    He also said that it was important for the government to assure the Senate that security forces will not misuse the PPO at any cost.

    He said that the law should not be misused against seminary students and members of political parties.

    “We have concerns on many clauses of the bill but we will support the government for the protection of the state in this regard,” he admitted.

    The passage of the bill has become possible following the government`s acceptance of more than a dozen opposition-proposed amendments to the draft that had already been passed by the National Assembly.

    http://www.dawn.com/news/1116116/sen...stan-bill-2014

Page 1 of 2 12 LastLast

Similar Threads

  1. CJP wants immediate ordinance for local bodies
    By Express in forum Current Affairs
    Replies: 0
    Last Post: 21st October 2013, 21:42
  2. TTP demands ‘protection money’
    By Wattan in forum Pakistan's War
    Replies: 0
    Last Post: 17th June 2013, 08:26
  3. Give us protection from extortionists and we will deliver’
    By Pak92 in forum Economy & Development
    Replies: 0
    Last Post: 4th June 2013, 08:06
  4. Altaf felicitates Zardari on local govt ordinance
    By Superkaif in forum National Politics
    Replies: 3
    Last Post: 2nd October 2012, 06:48

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Join us on twitter Follow us on twitter