Protection of Pakistan Ordinance: JUI-F opposes govt’s power to revoke citizenship

Amendments proposed against detention for 90 days.

ISLAMABAD:

The Jamiat Ulema-e-Islam-Fazl (JUI-F) has opposed the federal government’s power to deprive combatants of their citizenship.

The party has proposed amendments to the Protection of Pakistan Ordinance (PPO) 2013 and PPO amended Ordinance 2014, which stipulate these powers for the federal government.

It has suggested that Section 2 (b) of the amended PPO, 2014, containing this clause, be removed.

Additionally, the party, also a part of the federal government, has suggested that the term ‘enemy alien’, part of the PPO’s Section 2 (d) be redefined as ‘a person found guilty by a court who is no longer a citizen of Pakistan and is involved in waging war or insurrection against Pakistan…’.

The JUI-F recommended that Section 14 be deleted, wherein an accused facing charges of a scheduled offence on existence of reasonable evidence against him, shall be presumed to be engaged in waging war against Pakistan unless he establishes his non-involvement in the offence.

The JUI-F has also opposed the confiscation of the property of the accused by the government as well as the appointment of a BPS-18 officer as magistrate of the first class serving the federal government with consultation of the chief justice concerned.

The party has opposed the arrest of any accused by the police or armed forces without issuance of a warrant as well as the preventive detention of a person for a period of 90 days.

The party proposed that Section 5 (4) of the PPO, 2013, should be amended and suggested that a special judicial magistrate may authorise from time to time, the detention of the accused in such custody as the special judicial magistrate thinks fit, for a term not exceeding 30 days.

It also recommended the omission of Section 5(5) of PPO 2013, which says that a person arrested or detained under this Ordinance, whose identity is unascertainable, shall be considered an ‘enemy alien’.

The JUI-F has proposed that an appeal against the special court’s final judgment shall lie with the high court and not the Supreme Court.

It has also recommended the removal of Section 7 of PPO 2013, which says that a Joint Investigation Team shall submit a report before the special court through the public prosecutor.

Published in The Express Tribune, April 2^nd, 2014.