- 21st Constitutional Amendment Bill and Pakistan Army (Amendment) Bill 2015 presented in National Assembly, seeking amendments in articles 175 and 245 of the Constitution
- Reservations of political parties addressed; no person shall be prosecuted without prior sanction of federal govt
In the backdrop of deliberations on the National Action Plan (NAP) and proposed establishment of special military courts across the country, the National Assembly (NA)’s session on Saturday saw the government presenting two major bills for constitutional amendment to counter Pakistan’s “extraordinary security conditions”.
During the NA session also attended by Prime Minister Nawaz Sharif, Federal Minister for Information, Broadcasting, National Heritage, Law, Justice and Human Rights Senator Pervaiz Rashid presented the two bills; 21st Constitutional Amendment Bill 2015 and Pakistan Army (Amendment) Bill 2015, for speedy trial of terrorists.
The motions were agreed upon by majority of the lawmakers present in the session. However, the constitutional amendment bill will require to be passed by two-thirds of the total participants in both the 342-seat National Assembly and the 104-seat Senate while for amendment in the Army Act, a simple majority will be required.
Later, the House was adjourned to meet again on Monday evening.
21ST AMENDMENT BILL:
The 21st Constitutional Amendment Bill 2015’s Statement of Objects and Reasons reads, “An extraordinary situation and circumstances exist which demand special measures for speedy trial of offences relating to terrorism, waging of war or insurrection against Pakistan and prevention of acts threatening the security of Pakistan. Grave and unprecedented threat exists to the territorial integrity of Pakistan by miscreants, terrorists and foreign funded elements. It is expedient that an appropriate amendment is made in the Constitution.”
The bill reads, “The people of Pakistan have expressed their firm resolve through their chosen representatives in the All Parties’ Conferences (APC) to wipe out and eradicate terrorists from the country. It is expedient to provide constitutional protection to the necessary measures taken in the interest of security and integrity of the country.”
The bill seeks amendment in Constitution’s Article 175 Clause (3), and proposes that at the end a colon be substituted instead of a full stop and thereafter following provision be inserted: “Provided that the provision of this Article shall have no application to the trial of persons under any of the Acts mentioned at serial no 6, 7, 8 and 9 of Part I (III) of the First Schedule, who claims, or is known, to belong to any terrorist group or organization using the name of religion or a sect.”
The bill also seeks amendment in the First Schedule of the Constitution.
“In the Constitution, in the First Schedule, Part I (III), after entry 5, the following new entries shall be added, namely: 6) The Pakistan Army Act 1852 (XXXIX) of 1952, 7) The Pakistan Air Force Act, 1953 (VI of 1953), 8) The Pakistan Navy Ordinance, 1961 (XXXV of 1961), 9) The Protection of Pakistan Act, 2014 (X of 2014).”
PAKISTAN ARMY AMENDMENT BILL:
Furthermore, the Pakistan Army Amendment Bill, 2015 seeks addition of a new sub section in Article 245 of the Constitution.
The bill’s Statement of Objects and Reasons reads, “An extraordinary situation and circumstances exist which demand special measures for speedy trial certain offenses relating to terrorism, waging of war or insurrection against Pakistan and prevention of acts threatening the security of Pakistan by any terrorist group using the name of religion or a sect and members of such armed groups wings and militia.”
“There exists grave and unprecedented threats to the integrity of Pakistan by the raising of arms and insurgency using the name of religion and a sect by groups of foreign and locally funded elements including warriors using the name of the religion and locally funded elements including warriors using the name of the religion or a sect who are to be severely dealt with under the law. The Bill is designed to achieve the said object.”
The provisions in bill shall remain in force for a period of two years from the date of its commencement and shall cease to form part of the Act and shall stand repealed on the expiration of this period unless extended by resolution passed by each House of the Parliament.
According to the proposed amendments, following new sub clauses shall be inserted in the Pakistan Army Act 1952 (XXXIX of 1952) in section 2, sub-section (1) in clause (d) after sub clause (ii):
“(iii) any person who is or claims or is known to belong to any terrorist group or organisation using the name of religion or a sect and raises arms or wages war against Pakistan or attacks the Armed Forces of Pakistan and law enforcement agencies or attacks any civil or military installations in Pakistan or kidnaps any person for ransom or causes death of any person or injury or is in possession, storage fabrication or transport of explosives, fire arms instruments articles suicide jackets or vehicles designed to be used for terrorist acts or receives or provides funding from any foreign or local sources for such illegal activities and acts or does any act to overawe the state or any section of the public or a sect or a religious minority or to create terror or insecurity in Pakistan or attempts to commit any of the said acts, within or outside Pakistan shall be punished under this Act.”
“(iv) Any person, who is or claims or is known to belong to any terrorist group or organisation using the name of religion or a sect, commits an offence mentioned at serial NOs (i), (ii), (iii), (V), (Vi), (VII), (VIII), (IX), (X), (XI), (XII), (Xiii), (XV), (XVi), (XVii), (Xiii), (XV), (XVii), and (XX) in the schedule to the Protection of Pakistan Act 2014 (X of 2014).”
“Provided that any person who is alleged to have abetted, aided or conspired in the commission of any offence falling under sub-clause (iii) or sub-clause (iv) shall be tried under this Act wherever he may have committed that offence.”
“Provided further that no person accused of an offence falling under sub-clause (iv) shall be prosecute without the prior sanction of the Federal Government.”
In an explanation, the proposition reads, “In this Act the expression ‘sect’ means a sect of religion and does not include any political party registered under any law for the time being in force.”
Moreover, it has been proposed that after sub-section (3) of the Act, the following new sub-sections shall be added:
“4) The Federal Government shall have the power to transfer any proceedings in respect of any person who is accused of any offence falling under sub-clause (iii) or sub-clause ( iv) of clause (d) of sub-section (1) pending in any court to a court this Act.”
“(5) Any proceedings transferred under sub section (4) shall be deemed to have been instituted under this Act.”
“6) Where a case is transferred under sub section (4) it shall not be necessary to record evidence which has already been recorded.”
Lastly, amendment of section 60, ACT XXXIX OF 1952, has also been proposed. The proposition reads, “In the said Act, in section 60, in clause (k) after the word ‘law’ occurring at the end, the words ‘and any other law for the time being in force’ shall be added.”
