Amending PPO: Opposition presents its Protection of Pakistani Citizens Act
PPCA aims to differentiate between foreign and local militants and suspects of terrorism.
Under the proposed law cell phones that contain call logs and messages pertaining to any offence will also be considered as evidence. CREATIVE COMMONS
ISLAMABAD:
After the Pakistan Protection Ordinance (PPO) was vehemently opposed by political parties in the Senate, the Opposition on Friday presented an amended version of the PPO, the Protection of Pakistani Citizens Act 2014 (PPCA), to the government.
By presenting the amended PPO bill, the joint opposition aims to differentiate between foreign and local militants and suspects of terrorism, a unique proposition to the legal lexicon in the fight against militancy.
The controversial PPO had triggered a a massive debate amongst all political parties in both houses of parliament. It was also heavily criticised by the human rights organisations and the civil society.
“The bill cannot be accepted in its current form,” said Pakistan Peoples Party (PPP) Senator Aitzaz Ahsan. “There can be no room for state terrorism in the fight against terrorism,” he said while presenting the PPCA in a press conference. His speech though was cut short as protesters stormed the parliament.
The proposed bill suggests amendments in three categories:
1. Foreign Combatants: those foreigners that have taken up arms against the state of Pakistan
2. Militant: any person that takes up or encourages taking up arms against Pakistan or a foreign state
3. Suspect: An ordinary citizen of Pakistan that is suspected of militant activity.
“The rights of the fist two categories are somewhat diminished under the law” Senator Afrasiab Khattak told The Express Tribune, “however this would remain under the ambit of the constitution.”
Under the PPCA the burden of proof will be upon both Foreign Combatants and Militants “on existence of reasonable evidence.” While any person caught wearing a suicide vest, planting a bomb or involved in target killing will also be presumed guilty.
Under the proposed law cell phones that contain call logs and messages pertaining to any offence will also be considered as evidence.
The remand period under PPCA has been reduced to 45 day, which was 90 days under PPO. The suspect will also be produced intermittently and the remand will not be extended beyond a third time.
Talking to The Express Tribune, PPP senator Raza Rabbani said that they have tried to introduce judicial oversight. Where the government bill had given a freedom of shoot-at-sight, the PPCA states that the official has to witness the suspect involved before using excessive power.
“If the death occurs, there will be a judicial commission who will investigate the circumstances, head by no less than a session judge” he said. When a search operation is inevitable, the memo of the items recovered will have to be presented before a local magistrate within 24 hours, Rabbani added.
The power to appoint Judges for Special Courts, which was the authority of the federal government under the PPO, has been given to the Chief Justice of Pakistan who along with the consultation of the four provincial Chief Justices will make the appointment.
Under the suggested amendments, appeals against the decision of the Special Courts could also be made in the High court, which was previously only restricted to the Supreme Court under PPO.
The amended act also aims at denying the government means to apply the law to designated areas only but suggests that it should be applied to the whole country. PPCA also stresses for new legislation after a period of two years of its implementation rather than getting an approval from parliament to extend the time period of the law.
The PPCA was been handed over to the government through Federal Minister of Science and Technology Zahid Hamid. The proposed bill has been backed by four political parties, PPP, ANP, Balochistan National Party– Azad and the Pakistan Muslim League–Quaid (PML-Q).
The discussion on the inclusion of the proposed amendments to the PPO are expected to begin next week.
After the Pakistan Protection Ordinance (PPO) was vehemently opposed by political parties in the Senate, the Opposition on Friday presented an amended version of the PPO, the Protection of Pakistani Citizens Act 2014 (PPCA), to the government.
By presenting the amended PPO bill, the joint opposition aims to differentiate between foreign and local militants and suspects of terrorism, a unique proposition to the legal lexicon in the fight against militancy.
The controversial PPO had triggered a a massive debate amongst all political parties in both houses of parliament. It was also heavily criticised by the human rights organisations and the civil society.
“The bill cannot be accepted in its current form,” said Pakistan Peoples Party (PPP) Senator Aitzaz Ahsan. “There can be no room for state terrorism in the fight against terrorism,” he said while presenting the PPCA in a press conference. His speech though was cut short as protesters stormed the parliament.
The proposed bill suggests amendments in three categories:
1. Foreign Combatants: those foreigners that have taken up arms against the state of Pakistan
2. Militant: any person that takes up or encourages taking up arms against Pakistan or a foreign state
3. Suspect: An ordinary citizen of Pakistan that is suspected of militant activity.
“The rights of the fist two categories are somewhat diminished under the law” Senator Afrasiab Khattak told The Express Tribune, “however this would remain under the ambit of the constitution.”
Under the PPCA the burden of proof will be upon both Foreign Combatants and Militants “on existence of reasonable evidence.” While any person caught wearing a suicide vest, planting a bomb or involved in target killing will also be presumed guilty.
Under the proposed law cell phones that contain call logs and messages pertaining to any offence will also be considered as evidence.
The remand period under PPCA has been reduced to 45 day, which was 90 days under PPO. The suspect will also be produced intermittently and the remand will not be extended beyond a third time.
Talking to The Express Tribune, PPP senator Raza Rabbani said that they have tried to introduce judicial oversight. Where the government bill had given a freedom of shoot-at-sight, the PPCA states that the official has to witness the suspect involved before using excessive power.
“If the death occurs, there will be a judicial commission who will investigate the circumstances, head by no less than a session judge” he said. When a search operation is inevitable, the memo of the items recovered will have to be presented before a local magistrate within 24 hours, Rabbani added.
The power to appoint Judges for Special Courts, which was the authority of the federal government under the PPO, has been given to the Chief Justice of Pakistan who along with the consultation of the four provincial Chief Justices will make the appointment.
Under the suggested amendments, appeals against the decision of the Special Courts could also be made in the High court, which was previously only restricted to the Supreme Court under PPO.
The amended act also aims at denying the government means to apply the law to designated areas only but suggests that it should be applied to the whole country. PPCA also stresses for new legislation after a period of two years of its implementation rather than getting an approval from parliament to extend the time period of the law.
The PPCA was been handed over to the government through Federal Minister of Science and Technology Zahid Hamid. The proposed bill has been backed by four political parties, PPP, ANP, Balochistan National Party– Azad and the Pakistan Muslim League–Quaid (PML-Q).
The discussion on the inclusion of the proposed amendments to the PPO are expected to begin next week.