The Protection of Pakistan
Act No. ______ of 2014
Passed By NA on 2nd July 2014 and Senate
A Bill to provide for protection against waging of war or
insurrection against Pakistan
and the prevention of acts threatening the security of Pakistan
WHEREAS
it is expedient to provide for protection against waging of war or insurrection
against Pakistan, prevention of acts threatening the security of Pakistan and
for speedy trial of offences falling in the Schedule and for matters connected
therewith or incidental thereto;
It
is hereby enacted as follows:---
1. Short title,
extent and commencement
(1) This Act may be called the
Protection of Pakistan Act, 2014.
(2) It extends to the whole of Pakistan
(3) It shall come into force at once:
Provided
that this Act shall remain in force for a period of two years from the date it
comes into force.
2.
Definitions.--In this Act, unless
there is anything repugnant in the subject or context,---
(a) “armed forces” means the
Military, Naval and Air Forces of Pakistan and the Reserves of such Forces;
(b) civil armed forces” means
Police, Frontier Constabulary, Frontier Corps, Pakistan Coast Guards, Pakistan
Rangers or any other civil armed force notified by the Government as such;
(c)”Code” means the Code of Criminal
Procedure, 1898 (Act V of 1898);
(d) “enemy
alien” means a militant
(a) whose identity is unascertainable as a
Pakistani, in the locality where he has been arrested or in the locality where
he claims to be residing, whether by documentary or oral evidence; or
(b) who has been deprived of his citizenship,
under the Pakistan Citizenship Act, 1951 (II of 1951), acquired by
naturalization;
(e) “Government”
means the Federal Government;
(f) “militant”
means any person who:
(a)
wages war or insurrection against Pakistan
(b) raises
arms against Pakistan
(c) takes up,
advocates or encourages or aids or abets the raising of arms or waging of war
or a violent struggle against Pakistan
(d) threatens
or acts or attempts to act in a manner prejudicial to the security, integrity
or defence of Pakistan
(e) commits
or threatens to commit any scheduled offence;
(i) a person
who commits any act outside the territory of Pakistan for which he has used the
soil of Pakistan for preparing to commit such act that constitutes scheduled
offence under this Act and the laws of the State where such offence has been
committed, including an act of aiding or abetting such offence; or
(ii) any
person against whom there are reasonable grounds that he acts under the
directions or in concert or conspiracy with or in furtherance of the designs of
an enemy alien;
(g) “Police”
includes all police forces established by the Provincial Governments or the Federal Government;
(h) “Preparing to commit a scheduled
offence” means any act, prior to an
attempt, whereby a person equips or adorns himself with the means and
instruments necessary for the commission of such offence and includes the possession,
storage, fabrication or transport of explosives’, firearms, instruments,
articles, suicide jackets or vehicles designed to be used in such commission;
(i) “Prosecuting agency” means a
prosecuting agency established by the Government for the prosecution of
offences falling under this Act;
(j) “Prosecutor General” means the person appointed as Prosecutor
General by the Government under section 12 of this Act;
(k) “Schedule” means a Schedule annexed to this
Act;
(l) “Scheduled offence” means an offence as
set out in the Schedule;
(m) “security of Pakistan
(n) ‘Special
Court ” means the Special Court
established under section 8 of this Act; and
(o) “Special Judicial
Magistrate” means the Special Judicial Magistrate appointed under section 8 of
this Act.
3. Use
of armed forces and civil armed forces to prevent scheduled offences.--(1) Any police officer not below BS-15 or member of the
armed forces, or civil armed forces who is present or deployed in any area may,
on reasonable apprehension of commission of a scheduled offence after giving
sufficient warning, use the necessary force to prevent the commission of a
scheduled offence, and in so doing shall, in the case of an officer of the
armed forces or civil armed forces, exercise all the powers of a police officer
under the Code.
(2) In particular and without prejudice to
generality of sub-section (1), an officer of the police not below BS-15 or
member of the armed forces or civil armed forces in the above situation may,---
(a) after
giving prior warning use such force as may be deemed necessary or appropriate,
keeping in view all the facts and circumstances of the situation, against any
person who is committing or in all probability is likely to commit a scheduled
offence, it shall be lawful for any such officer after forming reasonable
apprehension that death, grievous hurt may be caused by such act, to fire, or
order the firing upon any person or persons against whom he is authorized to
use force in terms hereof;
Provided that the decision to fire
or order firing shall be taken only by way of last resort, and shall in no case
extend to the inflicting of more harm than is necessary to prevent the scheduled
offence which has given rise to the reasonable apprehension of death or
grievous hurt:
Provided further that all cases of
firing which have resulted in death or grievous hurt shall be reviewed in an
internal inquiry conducted by a person appointed by the head of the concerned
law enforcement agency:
Provided further that all cases of
firing which have resulted in death may, if the facts and circumstances so
warrant, be also reviewed in a judicial inquiry conducted by a person appointed by the Federal Government.
Explanation.-Reasonable
apprehension that death or grievous hurt may be caused, may, inter alia, be
based on the following grounds, namely:---
(i) credible prior information about a person, who is identified
on site or is suspected to be that person and such person either attempts to
resist arrest by force or refuses a command to surrender and his action may
lead to grievous hurt or death;
(ii) prior information but without any clear identification of
individual(s) in an area who may have been or are going to be involved in the
planning, commission or financing of a scheduled offence to carry out action as
mentioned in paragraph (i) above:
(iii) appreciation of circumstances on the scene that a person can
cause harm and the situation may lead to grievous hurt or, a judgment based on
event(s) on site;
(iv) threatening movement of a person who is in possession of a
firearm or reaching for a firearm, to target law enforcing personnel or a
member of the public which may lead to grevious hurt or death; or
(v) prior information or a judgment on the site that the person
may cause to signal or personally trigger an explosion which can cause harm or
a person assisting in commission of such a crime that may lead to grievous hurt
or death.
(b) arrest,
without warrant, any person who has committed a a scheduled offence or against
whom a reasonable suspicion or credible information exists that he has
committed, or is about to commit any such act or offence; and
(c) enter
and search, without warrant any premises to make any arrest or to take
possession of any fire-arm, explosives, weapon vehicle, instrument or article
used, or likely to be used, in the commission of any scheduled offence:
Provided that after the search, the
circumstances justifying it and the items recovered shall be reported within
two days to Special Judicial Magistrate for the area by the officer conducting
the search.
(3) Nothing contained in sub-section (1) or
sub-section (2) shall affect the provisions of Chapter IX of the Code and the
provisions of Section 132 of the Code shall apply to any person acting under
this section.
4. Application
of Code.--The provisions of the Code, insofar
as these are not inconsistent with this Act shall be applicable thereto.
5.
Investigations.--(1) All the
scheduled offences shall be cognizable and non-bailable.
(2) All scheduled offences, where armed
forces/civil armed forces are acting in aid of civil authority, shall be
inquired into and investigated by a Joint Investigation Team comprising of one
gazzetted police officer and two officers from the armed forces/civil armed
forces. The joint Investigating Team shall be headed by the Police Officer as
armed forces. The Joint Investigation Team shall be headed by the Police
Officer as aforesaid.
(3) Whenever a person is arrested or detained
in custody under clause (b) or clause (c) of sub-section (2) of Section 3 and
it appears that the inquiry or investigation cannot be completed within the
period of twenty-four hours, the head of Joint Investigation Team or any other
officer acting under him, excluding the time necessary for journey from the
place of arrest or detention to the Court shall produce him before a Special
Judicial Magistrate and may apply for remand of the accused to the custody of
the police or custody of any other investigating agency.
(4) A Special Judicial Magistrate may remand
the accused, from time to time, in such custody as such Special Judicial
Magistrate thinks fit for a term not exceeding sixty days:---
Provided
that the Special Judicial Magistrate shall not remand an accused person to
custody under this section for a period exceeding fifteen days at a time,---
Provided
further that all such reports requesting for further custody of the accused
shall be submitted through the Public Prosecutor.
(5) A person arrested or detained under this Act
who falls within the meaning of clause (d) of section 2 of this Act shall be
considered an enemy alien and subject to provisions of section 15 presumed to
have joined waging war or insurrection against Pakistan.
6. Preventive
Detention.—(1) The Government may by an order in
writing authorize the detention of a person for a period specified in the order
shall not exceed ninety days if the Government has reasonable grounds to
believe that such person is acting in a manner prejudicial to the integrity,
security, defense of Pakistan or any part thereof or external affairs of
Pakistan or public order or maintenance of supplies and service:---
Provided
that detention of such person shall ne in accordance with the provisions of
Article 10 of the Constitution:---
Provided
further that without prejudice to the above, an enemy alien may be detained by
the Government to prevent him from acting as aforesaid for such period as may
be determined by it from time to time in accordance with Article 10 of the
Constitution.
Explanation: A person connected or reasonably believed to be connected
with the preparation, attempt or
commission of a scheduled offence or a person acting in concert or under
direction of an enemy alien, or a person falling under sub-section (5) of
Section 5 shall be deemed to be a person acting in the manner stated above.
(2) In areas where the Federal Government or the
Provincial Government has called Armed forces in aid of civil power under
Article 245 of the Constitution or where any civil armed force has been called
by the Federal Government or Provincial Government ib aid of civil power under
the Anti-terrorism Act. 1997 (XXVII of 1997), the said requisitioned force may
detain any enemy alien or militant, in designated internment camps after a
notification to that effect:---
Provided
that detention of such person shall be in accordance with the provisions of
Article 10 of the Constitution.
(3)
At any time during the said notification or upon its withdrawal, such interne
may be handed over to Police or any other investigating agency for formal
investigation and prosecution.
(4)
The Federal Government shall make Regulations to regulate the internment
orders, internment camps, mechanisms for representation against the internment
orders and judicial oversight of such camps, subject to the provisions of
sub-section (2) of section 9.
(5)
Any person, arrested or detained by the armed forces or civil armed forces kept
under arrest or detention before the coming into force of the Prevention of
Pakistan (Amendment) Ordinance, 2014 (Ordinance I of 2014) shall be deemed to
have been arrested or detained pursuant to the provisions of this Act if the
offence in respect of which such arrest or detention was made also constitutes
an offence under this Act.
7. Report.--Upon completion of investigation, the Joint Investigation
Team shall, through the Public Prosecutor, submit a report before the Special Court :---
Provided
further that notwithstanding anything contained in the Qanun-e-Shahadat, 1984
(P.O. 10 of 1984), such report shall be admissible in evidence within the
meaning of section 173 of the Code.
8. Establishment of Special Courts etc.--(1) The Government may establish as many Special Courts
under this Act as determined by it.
(2) The Government, after consultation with the
Chief Justice of the concerned High Court, may appoint any person as judge of
the Special Court constituted under this Act who is or has been a Sessions
Judge in any province of Pakistan or has been an Advocate of the High Court for
a period of not less than ten years, and is not ore than seventy years of age.
(3) A judge Special
Court shall have all the powers of a Sessions Court as provided
under the Code.
(4) The Government may provide security of tenure
to a judge of the Special Court appointed
under this Act as may be prescribed by the rules.
(5) The Government may, after consultation with
the Chief Justice of the concerned High Court, appoint any Magistrate of the
First Class serving as a member of the subordinate judiciary under any High
Court or any other officer of not less than BPS-18 of the Pakistan
Administrative Service or Provincial Management Service of any Province or any
person who is or has been an advocate of the High Court for a period not less
than five years, as Special Judicial Magistrate.
(6) The Special Judicial Magistrate shall have
all the powers of Magistrate First Class provided under the Code, unless these
they are inconsistent with this Act.
9.
Place of inquiries, investigations and trials etc.--(1) The Government, on the report of a prosecuting agency,
may determine the place of custody, inquiry, investigation and trial of a
scheduled offence anywhere in Pakistan
(2) Subject to the Constitution,---
(a) the Government, Joint
Investigation Team, armed forces or civil armed forces may, in the interest of
the security of its personnel or for the safety of the detainee or accused or
intern, as the case may be, or for any other reasonable cause withhold the
information except from a High Court or the Supreme Court regarding the
location of the detainee or accused or intern or internment centre established
or information with respect to any detainee or accused or interne or his
whereabouts:---
Provided that the judge or judges to
whom disclosure is made may decide to treat it as privileged information in the
public interest; and
(b) the Government may not in the
interest of the security of Pakistan disclose the grounds for detention or
divulge any information relating to a detainee, accused or interne who is an
enemy alien or a militant.
(3)
A person convicted of a scheduled offence subject to direction of the Government
may be confined at any place in Pakistan
10. Exclusion of public from
proceedings of Special Court . ---In addition, and without prejudice, to any powers which
a Special Court may have by virtue of any law for time being in force to order
the exclusion of thepublic from any proceedings, if at any stage in the course
of the trial of any person before a Special Court, an application is made by
the prosecution on the ground that the publication of any evidence to be given
or of any statement to be made in the in the course of the trial would be
prejudicial to the public safety, and that, for that reason, all or any segment
of the public should be excluded during any part of the hearing, the Special
Court may make an order to that effect, but the passing of sentence shall in
any case take place in open court.
11. Establishment
of Prosecuting Agency.--The
Government shall establish an independent Prosecuting Agency headed by a
Prosecutor General in order to provide consultation and legal guidance to the
investigating agency and to conduct the prosecution of scheduled offences.
12. Prosecutor
General.--(1) The Government may appoint any
person as Prosecutor General who is not less than forty-five years of age and
has been an Advocate of the High Court for a period of not less than ten years.
(2) The Prosecutor General may issue
instructions and guidelines for the competent investigation and effective
prosecution of the cases of scheduled offences.
(3) The Prosecutor General may, with prior
approval of the Government, withdraw from the prosecution of any accused in a
case pending before any Special Court and on submission of such request the
Court shall discharge or acquit the accused from the case as it may deem fit.
13. Protection
of judges, prosecutors and witnesses etc.--The
Government shall take appropriate measures to provide adequate security to the
prosecution witnesses, investigating officers, prosecutors, Special Judicial
Magistrates and Judges of the Special Courts and for this purpose may
establish, anywhere in Pakistan, high security prisons with Court rooms.
14. Joint
trial.--(1) While trying any offence under
this Act, a Special Court may also try any
other offence, which an accused may, under the Code of Criminal Procedure,
1898, be charged, at the same trial if the offence is connected with such other
offence.
(2) If, in the course of any trial under this Act
of any scheduled offence it is found that the accused person has committed, in
addition any other offence connected with schedule offence, the Special Court
may convict an accused for such other offence also and pass any sentence
authorized by this Act or, as the case may be, such other law.
15.
Burden of proof.—(1) An
enemy alien or a militant financing the charge of a scheduled offence on
existence of reasonable evidence against him, or a person arrested in
preparation to commit or while attempting to commit such an offence shall e
presumed to be engaged in waging war or insurrection against Pakistan unless
establishes his non-involvement in the offence.
(2)
Any person apprehended in course of preparation, attempts or commission of a
scheduled offence and from whom any weapon, material, vehicle, article or
instrument designed for or capable of being used to commit or to facilitate the
commission of the offence of bombing, suicide bombing or target killing or
grievous hurt shall be presumed to be guilty of preparation, attempt or
commission, as the case may be, of a scheduled offence.
Explanation:
A cell phone or other instrument that contains logs or evidence of calls or
messages made or received that facilitates the preparation, attempt or
commission of such an offence, shall be deemed to be such an instrument and any
record thereon or therein shall be admissible in evidence.
16.
Punishments.--Notwithstanding anything contained
in the Pakistan Penal Code or any other law for the time being in force, a
scheduled offence shall be punishable with imprisonment which may extend to
twenty years, with fine and confiscation of property unless the scheduled
offence already provides a higher punishment and the Special Court convicting
the accused may also deprive him of the citizenship acquired by him by
naturalization.
17.
Transfer of cases.--(1) Where,
after taking cognizance of an offence, a Special Court
is of opinion that the offence is not a scheduled offence, it shall,
notwithstanding that it has no jurisdiction to try such offence, return the
ease to the prosecuting agency for its submission before a Court of competent
ordinary jurisdiction.
(2) The Prosecutor General may, with the approval
of the Government and for reasons to be recorded, withdraw a case at any stage
of the proceedings from one Special Court
with its permission and submit the same before another Special
Court constituted under this Act.
(3)
Notwithstanding anything contained in any other law for the time being in
force, the Government may apply to any court of law or tribunal that any case
involving any scheduled offence punishable under this Act, pending before such
court or tribunal be transferred to a Special Court, then such other court or
tribunal shall transfer the said case to Special Court and it shall not be
necessary for the Special Court to recall any witness or again record any
evidence that may have been recorded.
18.
Certain provisions of the Code not applicable.--The provisions of Sections 374, 426, 435, 439, 439-A, 491,
496, 497, 498 and 561-A of the Code shall not be applicable to the scheduled
offences.
19.
Appeal.--(1) An appeal against the final
judgment of a Special Court shall lie to
the High Court.
(2) Copy of the judgment of a Special Court shall be supplied to the accused and
public prosecutor on the day the judgment is pronounced.
(3) Any aggrieved person or the Government may
file an appeal against the final judgment of a Special
Court within a period of thirty days from the pronouncement of
judgment.
20.
Savings.--No member of the police, armed
forces or civil armed forces acting in aid of civil authority, Prosecutor
General, a prosecutor, Special Judicial Magistrates or the Judge of a Special Court shall be liable to any action for the
acts done in good faith during the performance of their duties.
21.
Power to make rules.—(1) The
Government may make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the
generality of foregoing power such rules may include guidelines for police and
members of armed force/civil armed forces acting in aid of civil authority
while using force to prevent scheduled offences.
(3)
On the notification, the rules shall be laid before both Houses of
Parliament
22. Amendment to Schedule.-- The Government may, by notification in the official
gazette, amend the Schedule by adding or modifying any entry therein or
omitting any entry therefrom.
23. Authorization. ---The Federal Government may, by notification in the
official gazette, authorize a Provincial Government to perform such functions
and exercise such powers under this Act or the rules made thereunder as the
Federal Government may deem fit.
24.
Overriding effect. ---(1) Subject to
such conditions as the Government may specify by notification in the Official
Gazette, the provisions of this Act shall have effect notwithstanding anything
contained in any law for the time being in force.
(2)
In case there is any conflict between the provisions of this Act and any other
law for the time being in force the provisions of this Act shall prevail to the
extent of inconsistency.
25. Removal of difficulties. ---(1) If any difficulty arises in giving effect to any
provision of this Act, the President may make such order, not inconsistent with
the provisions of this Act, as may appear to him to be necessary for the
purpose of removing such difficulty.
(2) An order under sub-section (1) shall be laid
before each House of the Parliament in its first sitting after the order is
made.
26. Validation. ---All inquiries, investigations and proceedings initiated
and conducted, anything done, actions taken, sentences or orders passed, rules
or regulations made, notifications issued, powers conferred, assumed or
exercised by any person or authority or forum between the 6th day of
June 2014 and the date this Act comes into force (both days inclusive) shall be
deemed to have been validly initiated, conducted, done, taken, passed, made,
issued, conferred, assumed or exercised under this Act and shall have effect
accordingly.
SCHEDULE
[See Section 2(i)]
Scheduled Offences.--(1) The following acts, if committed with the purpose of
waging war or insurrection against Pakistan or threatening the security of
Pakistan shall be the scheduled offences and includes other offences relating
to:---
(i) crimes
against ethnic, religious and political groups or minorities including offences
based on discrimination, hatred, creed and race;
(ii) use
of arson, fire-bombs, suicide bombs, biological weapons, chemical weapons,
nuclear arms, plastic explosives and other materials capable of exploding or
creating bombs employed to kill or cause hurt to persons or destroy property;
(iii) use of arson and bombs on public places, government premises,
sites of worship, historical places, business concerns, or other places, and
risking or causing death or hurt to any person therein;
(iv) Killing,
kidnapping, extortion, assault or attack of members of the Parliament,
Judiciary, Executive, Media, and other important personalities;
(v) Killing,
kidnapping, extortion, assault or attack on officers and employees of Pakistan
(vii) Killing, kidnapping, extortion, assault or attack on foreign
officials, official guests, tourists, foreign visitors, or internationally
protected persons etc;
(vii) Killing, kidnapping, extortion, assault or attack on foreign
officials, official guests, tourists, foreign visitors, or internationally
protected persons etc.;
(viii) destruction of or attack on communication and interaction lines,
devices, grids of stations, or systems etc;
(ix) destruction
of or attack on energy facilities including dams, power generating and
distributing systems including stations, lines and poles;
(x) destruction
of or attack on aircrafts and airports, attack on flight crew with any weapon
or endangering human life by means of weapons on aircrafts;
(xi) destruction
of or attack on gas or oil pipelines and liquid or natural gas facilities and
other means of their transport including tankers;
(xii) destruction of or attack on of national defense materials,
premises, utilities, and installations including check posts, prisons and other
fixtures;
(xiii) destruction of or attack on educational institutions, police
stations and security organizations etc.
(xiv) cyber-crimes, internet
offences and other offences related to information technology which facilitates
any offence under this Act;
(xv) wrecking,
disrupting or attacking mass transport systems including trains, buses, cars
and their stations and ports;
(xvi) violence or attack against maritime navigation, maritime fixed
platforms, shipping and port installations and other maritime fixtures;
(xvii) violence against nuclear arms, sites or any other related
installations;
(xviii)hostage
taking, or attempting to lake hostage any person;
(xix) violence against nationals occurring outside
of Pakistan
(xx) illegallycrossing national boundaries in
connection with scheduled offences.
(2) Offences Punishable under Sections 121,
121-A, 122, 123, 123-A, 123-B, 124, 124-A, 125, 126, 127, 128, 129, 130, 131,
132, 133, 134, 135, 136, 137, 138, 139 and 140 of the Pakistan
(3) preparation, abetment, attempt or
conspiracy to commit any of offences specified in this schedule.
STATEMENT OF OBJECTS AND REASONS
This bill provides for protection
against waging of war or insurrection against Pakistan ,
prevention of acts threatening the security of Pakistan
SHAIKH AFTAB AHMED
Minister of State for Parliamentary Affairs
Minister-incharge
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