Senate approves Secrets Act amendment bill after curtailing agencies' power
Pakistan
The Senate committee removed the clause that gave unbridled powers to intelligence agencies
ISLAMABAD (Dunya News) – The Senate on Sunday passed the amended Official Secrets Act, 1923, as aggressive criticism by the treasury and opposition on the unbridled powers of intelligence agencies forced the government to rescinde the controversial clause.
The bill was referred to the Senate committee after disapproval of the senators and the body removed the clause that gave intelligence agencies the power to arrest suspects or search without warrants. After the removal of the clause, the bill was approved.
Another amendment has been made to clause 5 of the bill, which earlier stated: “[A] person may be presumed to have been in communication with enemy or a foreign agent if he has, either within or without Pakistan visited the address of a foreign agent or consorted or associated with enemy or a foreign agent…”
The Senate committee suggested insertion of the word ‘knowingly’ after which this clause reads “…if he has either within or without Pakistan ‘knowingly’ visited the address…”, according to Law Minister Azam Nazir Tarar who moved the bill on behalf of Interior Minister Rana Sanaullah.
He said the revised bill empowered the Federal Investigation Agency to investigate individuals suspected of violating the Official Secrets Act.
The ‘amended’ bill failed to placate the lawmakers on both sides of the aisle who continued to raise questions over the wide-ranging powers being given to the intelligence agencies.
The Jamaat-i-Islami was once again on the forefront severely criticising the bill.
“The spirit of the bill remains intact despite superficial amendments. Entire Pakistan will turn into a cantonment if the bill is passed as it is,” Senator Mushtaq Ahmad warned.
He said the extraordinary powers of intelligence agencies will affect human rights, political liberties and media freedom. “It would be nothing short of a legal martial law.”
The JUI-F and the PPP, both of whom are ruling coalition partners, censured the government for moving the legislation in haste.
Senator Kamran Murtaza of JUI-F said if the legislation was so essential, the government should have moved it 15 months ago.
PPP’s Rukhsana Zuberi suggested action against investigation agencies and officials if they filed dubious cases under this law.
CENSUS
At the outset of the proceedings, Senator Murtaza rejected the census report approved by the Council of Common Interest (CCI) — a body with all four chief ministers and federal ministers as its members.
He claimed Balochistan’s population had been reduced by 6.4 million.
He questioned how the caretaker chief ministers of Punjab and Khyber Pakhtunkhwa represent their respective provinces at the CCI meeting.
Later, he staged a walk-out from the House with other senators.
About the possibility of delay in general elections due to the new census, PPP Senator Raza Rabbani warned any such move would be disastrous for the country.
He pointed out that elections could be delayed by at least six to seven months as the CCI approved holding polls according to fresh census. If general elections were not held within 60 to 90 days, it would be a violation of the Constitution, he added.
The PPP senator was also critical of the way the CCI meeting took place and approval was given to the census. “Unfortunately, it is being felt that the elections would be delayed,” he stated.
Senator Rabbani sought “explanation” from the Election Commission “how much time it needs to complete delimitation of constituencies,” and suggested to finish the task as soon as possible “so that elections are held within constitutional 90-day period.”
Law Minister Tarar clarified that JUI-F’s Maulana Asad Mahmood attended the CCI meeting. The census report was approved after a two-hour briefing by the Pakistan Bureau of Statistics officials, he added.
He said the highest rate of population growth — 3.20 percent — was recorded in Balochistan.
The government has left the decision of delimitation to the ECP, he continued.
He agreed with Senator Rabbani that the ECP should state their future course of action under articles 51 and 224 of the Constitution.
While Article 51 outlines the seat distribution in the National Assembly, Article 224 gives the timeline of elections from the day assemblies were dissolved.
Tarar said the ruling coalition has resolved to hold the elections inside the constitutional timeframe.
Meanwhile, Finance Minister Ishaq Dar, who is also the leader of the house in the Senate, said the Balochistan chief minister was also present in the CCI meeting.
PTI PROTEST
Earlier, PTI Senator Saifullah Abro strongly protested against the arrest of party chairman.
He indirectly blamed the PPP and the PML-N for “trampling the Constitution, the law and democratic norms.”
He urged the JUI-F senator to realistically review the data and said the CCI approved the census after all chief ministers were satisfied.
He said that the PTI government had decided that the 2023 elections would be held according to the fresh census.
