Legalising wiretapping: Parliamentary body rushes to clear fair trial legislation
PML-N, MQM reservations ignored by parliamentary committee on law and justice.
ISLAMABAD:
A parliamentary body on Tuesday cleared a piece of legislation that authorises the state to tap phone calls in order to catch terrorists and investigate suspects without registering a case beforehand.
The Investigation for Fair Trial Bill 2012 was approved by the National Assembly Standing Committee on Law and Justice even though some concerns had been raised by the Pakistan Muslim League-Nawaz, the main opposition party, and the Muttahida Qaumi Movement, an ally of the government.
“We are not here to re-open the entire bill but a few clauses that we approved with consensus. Now, consider the bill passed by the committee,” said the committee chairperson, MNA Naseem Chaudhry, in reply to concerns raised by PML-N legislators.
Opposition lawmakers Anusha Rehman and Zahid Hamid objected to certain provisions of the bill, fearing that in its current form the law could easily be misused. The MQM also expressed serious reservations, with MNA Iqbal Qaderi stating, “The bill in substance is against the fundamental rights of the citizens. It may be arbitrarily used against political workers and ordinary citizens.”
Chaudhry, however, is said to have simply walked off after declaring the bill passed. “If you do not agree, give your notes of dissent. If you want further changes, bring fresh amendments in the house,” she said.
“We are principally in favour of the law and its necessity. We only want that it is not misused against ordinary people,” said MNA Hamid, during a press conference later in the day.
“We did not walk out of the meeting. It was them (the chair and the PPP members) who walked-out,” said MNA Ansuha Rehman. She particularly raised objections over provisions that, she said, violate people’s privacy.
Reservations
MNA Hamid said the PML-N gave the committee a list of 31 suggestions to improve the draft bill, which, he said, were not completely incorporated. He added that his party would introduce amendments in line with the same suggestions if the bill is passed by the house in its current form.
The PML-N legislator went on to say that it would be the first time that a law allowed agencies and police to pick up ‘suspects’ without the need of a first information report against them.
“In this form, the law would result in an increase in the number of missing persons in the country,” said MNA Rehman. She said the law authorises police, the Inter-Service Intelligence (ISI), Intelligence Bureau (IB) and many other agencies to tap phones and conduct surveillance of any individual on suspicions that he or she is involved in planning terrorist activities.
The law does not propose any action that the accused person could take against either the wire-tapping agency or the complainant if their suspicions were unfounded, she added. This was also pointed out by the MQM members.
MNA Hamid said his party suggested a penalty in such an instance.
During the meeting, Law Minister Farooq Naek, however, agreed to incorporate a provision for departmental inquiry in such cases.
Published in The Express Tribune, December 12th, 2012.
A parliamentary body on Tuesday cleared a piece of legislation that authorises the state to tap phone calls in order to catch terrorists and investigate suspects without registering a case beforehand.
The Investigation for Fair Trial Bill 2012 was approved by the National Assembly Standing Committee on Law and Justice even though some concerns had been raised by the Pakistan Muslim League-Nawaz, the main opposition party, and the Muttahida Qaumi Movement, an ally of the government.
“We are not here to re-open the entire bill but a few clauses that we approved with consensus. Now, consider the bill passed by the committee,” said the committee chairperson, MNA Naseem Chaudhry, in reply to concerns raised by PML-N legislators.
Opposition lawmakers Anusha Rehman and Zahid Hamid objected to certain provisions of the bill, fearing that in its current form the law could easily be misused. The MQM also expressed serious reservations, with MNA Iqbal Qaderi stating, “The bill in substance is against the fundamental rights of the citizens. It may be arbitrarily used against political workers and ordinary citizens.”
Chaudhry, however, is said to have simply walked off after declaring the bill passed. “If you do not agree, give your notes of dissent. If you want further changes, bring fresh amendments in the house,” she said.
“We are principally in favour of the law and its necessity. We only want that it is not misused against ordinary people,” said MNA Hamid, during a press conference later in the day.
“We did not walk out of the meeting. It was them (the chair and the PPP members) who walked-out,” said MNA Ansuha Rehman. She particularly raised objections over provisions that, she said, violate people’s privacy.
Reservations
MNA Hamid said the PML-N gave the committee a list of 31 suggestions to improve the draft bill, which, he said, were not completely incorporated. He added that his party would introduce amendments in line with the same suggestions if the bill is passed by the house in its current form.
The PML-N legislator went on to say that it would be the first time that a law allowed agencies and police to pick up ‘suspects’ without the need of a first information report against them.
“In this form, the law would result in an increase in the number of missing persons in the country,” said MNA Rehman. She said the law authorises police, the Inter-Service Intelligence (ISI), Intelligence Bureau (IB) and many other agencies to tap phones and conduct surveillance of any individual on suspicions that he or she is involved in planning terrorist activities.
The law does not propose any action that the accused person could take against either the wire-tapping agency or the complainant if their suspicions were unfounded, she added. This was also pointed out by the MQM members.
MNA Hamid said his party suggested a penalty in such an instance.
During the meeting, Law Minister Farooq Naek, however, agreed to incorporate a provision for departmental inquiry in such cases.
Published in The Express Tribune, December 12th, 2012.