Curtailing govt power: Senate to discuss the long-forgotten travel prohibition bill today

Raza Rabbani tried to amend bill prohibiting govt from preventing persons leaving country despite valid documents.


Qamar Zaman December 17, 2013
Senator Raza Rabbani. PHOTO: EXPRESS

ISLAMABAD: A bill introduced in the Senate nearly six years ago will be taken up by the standing committee today (Tuesday).

The matter dates back to the year 2007, when Pakistan Peoples’ Party (PPP) stalwart Senator Raza Rabbani had introduced a bill seeking amendment to government’s powers to prohibit any person from travelling out of the country despite having valid travel documents.

According to this week’s schedule, the Senate Standing Committee on Interior and Narcotics Control will discuss the Exit from Pakistan (Control) Amendment Bill, 2007, on December 17.

Senator Rabbani had introduced the bill on August 13, 2007, when he was leader of the opposition in the Upper House in his personal capacity or as a private member bill. The bill had sought amendments in The Exit from Pakistan (Control) Ordinance, 1981.

Section 2 of the bill defines powers to prohibit exit from Pakistan and reads as: “(1) The federal government may, by order, prohibit any person or class of persons from proceeding from Pakistan to a destination outside Pakistan, notwithstanding the fact that such person is in possession of valid travel documents. (2) Before making an order under sub-section (1), the federal government shall not be necessary to afford an opportunity of showing cause to the person against the order. (3) If, while making an order under sub-section (1) it appear to the federal government that it will not be in the public interest to specify the ground on which the order is proposed to be made, it shall not be necessary for the federal government to specify such grounds.”

And in case, there is violation the ordinance has specified punishment which says, “Whoever contravenes, or attempts or conspires to contravene, or abets the contravention of, any order made under sub-section (1) of section 2 shall be punishable with imprisonment for a term which may extend to five years.”

Senator Rabbani, however, had contended that the existing laws were in conflict with the fundamental rights enshrined in the constitution; therefore, he maintained that they need fine tuning.

The objects and reason of the bill said that the provisions of the Exit from Pakistan Ordinance, 1981, are in conflict with the fundamental rights conferred by the constitution and the amendments proposed would bring them in harmony with the constitution on the basis of observations of the superior courts in several cases.

The bill had also appeared on the agenda of standing committee’s meeting in 2010 and on a few other occasions but was not finalised.

Senator Rabbani, however, was not available for comments when asked about the reason behind the inordinate delay of the bill as his party was in power for five years and the government could have managed to get it approved.

The standing committee on interior headed by Senator Talha Mehmood of JUI-F will once again discuss the bill.

The committee will also discuss issues related to the law and order of Balochistan that includes areas such as the continuous assassination of teachers, rocket attacks at the governor house, kidnapping for ransom and targeted killings of police officials.

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