Remnants of colonialism: Anything can be a secret under the Official Secret Act

Still enforced in the country, the archaic law impinges fundamental right to information.

ISLAMABAD:

Over 90 years ago, British colonial rulers enforced the Official Secret Act, 1923, to keep their pre-partition Indian subjects oblivious to government’s actions. Even after Pakistan gained independence and threw off the yoke of colonialism, it nevertheless adopted this draconian law.

Under this archaic act – still enforced in the country – almost any piece of information can be declared secret or classified without any formality or explanation, which is contrary to the constitutionally-guaranteed right to information of citizens.

The government is free to declare any information “confidential” as the law does not describe any guidelines as to who, why or how a document is labelled secret.

Even if a section officer scribbles the word “secret” on some document, that paper is considered classified.

Moreover, the parliament, too, can be denied access to any ordinary information on this pretext.

Last month, the Senate adopted a resolution calling for amendment to this act. The resolution moved by Pakistan Peoples Party senator Farhatullah Babar was adopted unanimously on February 3 but no further action has been taken so far to change the law according to today’s needs.

If a person even by mistake enters the premises where a signboard of “prohibited area” is displayed, he or she can undergo 14 years of imprisonment. According to Section 3 of the Act, if any person approaches, inspects, or even sketches a ‘prohibited place’, they can be penalised.

Moreover, if anyone “obtains, collects, records or publishes or communicates any secret official code or password, or any sketch, plan, article or note” to any other person, which could be directly or indirectly useful to an enemy, he or she shall be guilty of an offence.

The next clause of the same section states that a person can be charged even on suspicion. “Notwithstanding that no such act is proved against him, he many be convicted if, from the circumstances of the case of his conduct or his known character as proved, it appear that his purpose was a purpose prejudicial to the safety or interests of the State,” reads Section 4.

Similarly, there are many other vague provisions in this law that clearly violate fundamental rights of citizens guaranteed under the constitution.

Communication with foreign agents

Clause four of the same act is even more intriguing – your meeting with a foreigner or diplomat can land you in prison. Section 4 deals with the communication with ‘foreign agents’, which is also considered an offence against the state as “a person may be presumed to have been in communication with a foreign agent if he has, either within or without Pakistan visited the address of a foreign agent or consorted or associated with a foreign agent, or either within or without Pakistan, the name or address of or any other information regarding a foreign has been found in his possession, or has been obtained by him from any other person”.

The foreign agent is defined as “any person who is or has been or in respect of whom it appears that there are reasonable grounds for suspecting him of being or having been employed by a foreign power, either directly or indirectly”.  Almost every diplomat or an employee of any foreign company can be classified as a foreign agent under this definition.

Even if a visiting card of a foreign diplomat is found in a person’s possession, the person can be charged under this law.

Harsher punishments for govt officials

Since there is no set criterion to declare a document classified, any government official can be in hot water under Section 5 if found ‘guilty’ of communicating with any foreign power and passes any ‘secret’ information to them.

In case of information labelled ‘most sensitive’, the violator may face a death sentence or 14 years in prison.

Published in The Express Tribune, March 18^th, 2014.