Govt seeks provinces’ input on more powers for forces
By Ziaullah Niazi
LAHORE: The Ministry of Interior has sought legal opinion from the home departments and the Inspector Generals of Police (IGPs) of all provinces for legislation to grant specific powers to the army and other law-enforcement agencies regarding the arrest and detention of any person, suspected of involvement in anti-state activities, for a limited period, to deal with the issue of missing persons in future, The News has learnt.
Under the proposed law, any person suspected of anti-state activities, could be held at a notified place for up to 90 days and, during that period his detention could not be challenged in any court of law, including the higher courts. However, the suspects would be remanded in the custody of a superintendent of police (SP), or an equivalent officer of any law-enforcement agency, according to the interior ministry communication.
Keeping in view the observations of the Supreme Court of Pakistan in the Human Right Case (965/2005) and the Commission of Enquiry on Enforced Disappearances, the interior ministry stated that the parliament may take up the issue to deliberate on the possibility of a new legislation, as the suspects held for anti-state activities cannot be kept in detention for an indefinite period. Moreover, appropriate legislation is needed to provide specific powers to the law-enforcement agencies regarding the arrest and detention of suspects for a limited period in special circumstances. Only such legal provisions can put an end to the new cases of enforced disappearance, according to the communication.
The ministry has also received another communication, according to which the Senate Secretariat has required examination of the possibility of a new legislation, besides its response to the following two points:-
“(a) Agreement, in principle, to draft legislation on lines, recommended by the Commission, and (b) if agreed to in principle, suggest provisions for inclusion in the proposed new legislation.”
Meanwhile, the summary, sent by the Punjab Home Department to the Punjab chief minister for his approval, reads: “The views of IGP Punjab, Additional Inspector General CID and Additional Inspector General, Special Branch, have been obtained and they have supported granting powers to the army and the law-enforcement agencies regarding arresting and investigating the suspects.
“However, they have suggested some amendments to the Anti-Terrorism Act, 1997 including ‘Insertion of a new Section (11EEEE) to allow the detention of a suspect at a notified place for 90 days for the investigation, to the investigation team, comprising police and other agencies with enhanced power of investigation, search and seizure and such detention shall not be challengeable before any court including the High Court and the Supreme Court. “Amendment to Section (21D) of the Act to remove the right to bail to an accused from any court including High Court and Supreme Court as well as permit holding of a person in military or police protective custody during bail, remand or trial.
“Amendment to Section (21E) of the Act to extend the period of remand not less than 30 days of any one time, increasing the total period of remand from the present permissible limit of 15 days to 90 days and allowing a magistrate, appointed under Nizam-e-Adl Regulation 2009, to exercise such powers under the Act. Insertion of a new Section (21EE) in the Act to empower a superintendent of police or equivalent officer of a law-enforcement agency, operating in aid of civil power to call for information from any person to satisfy himself, whether any contravention of the Act has been made or require him to produce or deliver any document, or to examine any person acquainted with facts and circumstances of the case, or to require any bank for financial institution to provide any information relating to any person or to require record of telephone, e-mails, MMS and National Identity Card from any service provider and in case of contravention of such order, the person concerned shall be punished with an imprisonment of up to two years with or without fine.”
It has been stated that the aforementioned amendments were part of the Anti Terrorism Act 1997, introduced twice through a Presidential Order on October 1, 2009 and January 28, 2010, respectively. It has been observed that each time the Ordinance lapsed after the stipulated time and now these amendments can only be introduced through an Act of Parliament. In this regard, a draft bill was prepared and would be placed before the Senate on July 27, 2011. The bill was referred to the standing committee on interior and is still pending. Presumably, the committee is reluctant to empower the law-enforcement agencies to the proposed extent.
According to the summary, submitted by the Punjab Home Department to the Punjab CM, it has been stated that the provincial government endorses conferment of powers on the law-enforcement agencies, insofar as permissible within constitutional framework for dealing with terrorism.
However, in view of the nature of the proposal, a broader consensus between the provincial and federal governments may first be reached to decide the extent and scope of the powers to be conferred for the purpose.
Moreover, in case a new legislation is to be brought about, it shall also aim at subjecting surveillance and operations of the law-enforcement agencies to permission and oversight by an independent civilian authority or a board.
Talking to The News, Punjab Chief Secretary Nasir Mahmood Khosa said the Punjab chief minister has not approved the summary so far. He said the proposals made by the Home Department regarding giving specific powers to the army and other law-enforcement agencies are under consideration.
(The News)
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