Missing persons’ case: Amended PPO gives more clout to state

Draft of newly amended ordinance submitted to SC.

ISLAMABAD:

In compliance with the Supreme Court’s December 10, 2013 judgment in the 35 missing persons’ case, the attorney general told the court on Wednesday that the federal government has promulgated the Protection of Pakistan (Amended) Ordinance 2014 on enforced disappearances.

The apex court had declared prolonged and unannounced detention by security forces and intelligence outfits illegal and called for legislation in this regard.

A senior official told The Express Tribune that with the PPO amendment, the government would now have the power to cancel the citizenship of any combating enemy as he would be treated as an alien and his act considered a crime against the state.

During Wednesday’s hearing, Attorney General of Pakistan (AGP) Suleman Aslam Butt submitted the draft of the new ordinance on enforced disappearances before the three-judge bench, headed by Justice Jawwad S Khawaja.

The AGP said that in compliance of the court’s judgment, the government had prepared the amended ordinance overnight and the president had signed it.



“Let us examine it (the ordinance) first,” remarked Justice Jawwad, adjourning the hearing until January 27.

A senior official, who was involved in drafting the ordinance, told The Express Tribune that Section 6 of PPO 2013, pertaining to preventive detention, now stands altered.

“Through this amendment, the government can extend the 90-day preventive detention of any person”, the official said. Special courts would also be established in consultation with the chief justices of the high courts concerned.

Moreover, the provisions of the amended PPO shall be enforced on even those arrested or detained by the armed forces or civilian law-enforcement agencies before the amendment.

In addition, the government and the armed forces have the power not to give the whereabouts of the accused or detainees. They are also not bound to give evidence or reasons of detention to any court of law, the official said.

However, he said the apex court might raise objections over these new provisions.

Meanwhile, another senior government official observed that there are three parts of the SC’s December 10, 2013 judgment and two of the issues pointed out – the production of all the 35 missing persons and action against military officers who removed them from the internment centre – are still unresolved. The court may give the government a tough time in this regard during the next hearing.

Published in The Express Tribune, January 23^rd, 2014.