PAKISTAN PROTECTION ORDINANCE, 2013

(No. IX OF 2013)

Amendments moved by Dr Arif Alvi NA 250

That in the Bill as reported by the Standing Committee,

i. In the Preamble part of the Ordinance the entire second paragraph starting with the words “AND WHERAS pursuant to the directions of the Hon’ble Supreme Court…” may be deleted;

Clause 2ii. In Clause 2 (d) after the words ‘his citizenship of Pakistan’, the words ‘through ID card or

with other means including property documents and witnesses etc.’ may be added;Clause 3

iii. In Clause 3 after Clause 3(1) another Clause may be added as (1)(a) which states as follows:(1)(a) -- Reasonable Apprehension that death, grievous hurt, or destruction of

property may be caused by an act, may be based upon:1

(i) Credible prior information about a person, who is identified on site or a suspect who may be that person and the person either attempts to resist arrest by force and/or refuses a command to surrender and his action may lead to injury or death;

(ii) On prior information but without any clear identification of individual/s in an area who may have been or are going to be involved in the planning, commission or financing of a terror crime carry out actions as mentioned in (i);

(iii) On appreciation of circumstances on the scene that a person can cause harm and the situation may lead to serious harm injury or death, a judgment based on event/s or a sequence of events on site;

(iv) Threatening movement of a person who is in possession of a fire arm or reaching for a firearm, to target law enforcing personnel or a member of the public which may lead to serious injury or death;

(v) On prior information or a judgment on site that the person may cause to signal or personally trigger an explosion which can cause harm or a person assisting in commission of such a crime that may lead to injury or death.

iv. In Clause 3 (2) (a) after the words reasonable apprehension, the words ‘as described in Clause (1)(a)’ be added.

v. In Clause 3 (2) (c) the words ‘any such officer’ may be deleted and the words ‘In areas where the Federal Government or the Provincial Government has called Armed Forces in aid of civil power under Article 245 of Constitution or where any Civil Armed Forces has been called by the Federal Government or the Provincial Government in aid of civil power under Anti-

1 If an officer is ready to shoot and maybe kill a citizen the reasons for the same must be described much more than a simple ‘reasonable apprehension’. Post arrest procedures and how or why to arrest take up 99% of this document and possible death occupies not even 1%

Terrorism Act 1997, any police officer, a member of the armed forces or civil armed forces, acting in aid of civil authority’ may be added.2

Clause 5vi. In Clause 5 (1) after the words cognizable, the words ‘and non-bailable’ may be deleted.

vii. In Clause 5 (2) after the words authority, the word ‘of’ should be deleted and the following words be substituted ‘led by’, and after the word ‘two’ the word ‘commissioned’ may be added3.

viii. In Clause 5 (3) after the word ‘agency’ the words ‘for not more than fifteen days’ may be added.

ix. After Clause 5 (5) the whole sentence starting with ‘Provided that for the purposes of this Ordinance…’ may be deleted.

Clause 6x. In Clause 6 after the words public order, the words ‘or maintenance of supplies and services’

be deleted.Clause 7

xi. In Clause 7 after the words ‘completion of investigation,’ the words ‘which shall be done within thirty days’ may be added.

xii. In Clause 7 after the words ‘Special Court’ the following proviso may be added: ‘Provided that where the investigation is not completed within a period of thirty days, the Joint Investigation Team shall, within three days after the expiration of said period, forward through the Public Prosecutor, an interim report under section 173 of the Code of Criminal Procedure and the Special Court may commence the trial on the basis of such interim report, unless for reasons to be recorded, the Special Court decides that the trial may not so commence’.

Clause 8xiii. In Clause 8 (2) after the words ‘any person’ the following words may be added ‘who is not

more than seventy years of age’.4

Clause 11xiv. In Clause 11 (3) after the words ‘request the Court’ the word ‘shall’ be substituted by the

word ‘may’.5

Clause 18xv. In Clause 18 (3) the word ‘fifteen’ may be substituted by the word ‘thirty’.

Schedule Clause (1)

xvi. In Clause (1) after the words ‘if committed with the’ the word ‘specific’ may be added.

2 Taken from Ordinance 1 of 2014 so that this clause safeguards all other houses in Pakistan3 Establishes an hierarchy4 We have recently gone through appointment of aged judges to important positions which required more energy so we must avoid the same here5 To avoid NRO like situations

xvii. In Clause (1) after the words ‘security of Pakistan’ the words ‘but shall not include public safety as such’ be added.6

xviii. In Clause (1) after the words ‘the scheduled offences’ the words ‘and includes other offences relating to’ may be deleted.

xix. In Clause (1) the sub clause (i) may be deleted entirely.xx. In Clause (1) (ii) after the words ‘crimes’ the words ‘listed in this schedule’ may be added.

xxi. In Clause (1) (iii) the word ‘arson’ may be deleted.xxii. In Clause (1) (iv) the words ‘arson and’ may be deleted.

xxiii. In Clause (1) (v) after the words attack the word ‘of’ may be substituted by the word ‘on’.xxiv. In Clause (1) (v) after the words Media the words ‘and other important personalities’ may be

deleted and the words ‘civilians’ may be added.7

xxv. In Clause (1) (vii) after the words ‘foreign visitors’ the words ‘internationally protected persons’ may be deleted.

xxvi. In Clause (1) (ix) the word ‘devices’ and the words ‘or systems’ may be deleted.xxvii. In Clause (1) (x) the words ‘lines and poles’ may also be deleted.

xxviii. In Clause (1) (x) the word ‘including’ may be substituted by the word ‘and’. xxix. In Clause (1) (xii) after the word ‘facilities’ all the words starting with ‘and’ and ending in

‘tankers’ may be deleted.xxx. In Clause (1) (xiii) the word ‘other’ may be substituted with the word ‘similar’.

xxxi. The entire Clause (1) (xiv) may be deleted and substituted with the words ‘Cyber Crimes’.xxxii. In Clause (1) (xix) the word ‘violence against nationals’ may be deleted and substituted by

the words ‘killing, kidnapping, extortion, assault or attack on Pakistani nationals’ may be substituted.

The following amendments should be read together with the above as the Government moved another Ordinance to further modify the PPO.

ORDINANCE No. 1 of 2014

An Ordinance to

Amend the Pakistan Protection Ordinance 2013

(No. IX OF 2013)

Amendments moved by Dr Arif Alvi

That in the Bill as reported by the Standing Committee,

Clause 2

6 Taken from Article 260 Constitution of Pakistan (p168)

7 Article 25 (p30) makes all equal and if special provision it is for women and children. Const prohibits any other special provision in any law

i. In Clasue 2 (ca) the word ‘Combatant’ may be added before the word “Enemy”ii. In Clause 2 (ca) after the words ‘waging of war against Pakistan’ the words ‘or threatens the

security or integrity of Pakistan’ may be deleted.iii. In Clause 2 (ca) after the words ‘Pakistan or commits’ the words ‘or threatens to commit’

may be deleted.iv. In Clause 2 (ca) after the words ‘soil of Pakistan for preparing to commit’ the word ‘an’ may

be substituted by the words ‘any such’.v. In Clause 2 (ca) after the words ‘that constitute an offence under’ the words ‘this law’ may

be substituted for the words ‘the laws of Pakistan’.vi. After Clause 2 and its Proviso a new Clause 2 (a) be inserted that ‘A citizen of Pakistan may

appeal his detention in the Special Court as constituted in Clause 8’ (Establishment of Special Courts etc. in PPO IX of 2013)

Clause 3

vii. In Clause 3 of 6-Preventive Detention (1) after the word ‘writing’ the following words may be added ‘issued by the Secretary Ministry of Interior, or any officer, not below the rank of BPS-21, specially designated, in this behalf’ may be inserted.

viii. In Clause 3 of 6-Preventive Detention (4) after the word ‘camps’ the words ‘mechanisms for representation against the internment orders’ be deleted.

Clause 4

ix. In Clause 4 (a) after the words ‘internment center established’ the words ‘or information with respect to any detainee, or accused or intern or his whereabouts’ may be deleted.

x. In Clause 4 (b) after the word ‘Enemy Alien’ the words ‘or Enemy’ be deleted.