Daily Times

The president of Pakistan, Mamnoon Hussain, on October 20, 2013 signed the Pakistan Protection Ordinance (PPO) and it was passed by the National Assembly on April 7, 2014. However, it still requires Senate approval. The Ordinance (now a Bill) has given sweeping powers to security forces to arrest and detain people without providing apparent legal justification. We do not know what will happen in the Senate, whether it will approve the bill or not.

To date, human rights organisations around the world and within Pakistan have termed the PPO “a repressive and draconian piece of legislation”, which violates fundamental human rights. They have further provided that anti-terrorism legislation should not be used to undermine fundamental human rights. They urged that denying Pakistanis their universal rights and freedoms is not a smart or effective tool for battling terrorism. In this discussion, the salient features of the PPO will be discussed.

The security agencies now under the PPO can arrest any person without providing legal justification on mere suspicion that he/she might commit a scheduled offence and that too without warrant. Once a person is arrested and detained and if investigation is not completed within 24 hours as required by the criminal law of Pakistan, the security agencies can approach the special judicial magistrate for getting authorisation of detention for up to three months. Here, it is submitted that suspicion, it must be noted, is not proof of any wrongdoing. In a modern democracy it is of fundamental importance to be free from arbitrary detention at the hands of the authorities. The most worrying and alarming point in the PPO is that if civil society or a group of people protest against load shedding or against the government, the protesters can be fired at on the suspicion that they might damage state property. In my opinion, without amendments, the PPO might create more problems instead of bringing improvements in Pakistan’s legal and social structure. Civil liberties must be protected; building of civil institutions and ensuring rule of law in the country should be the foremost agendas of the government of Pakistan instead of passing such a repressive piece of legislation, which undermines human dignity and human rights. Parliament should introduce suitable changes and consider fundamental rights while enacting laws for eliminating terrorism.

I further believe the government should also introduce jail reforms for improving the living standards of prisoners. The recent surveys by international bodies have stated that the jails of Pakistan are notorious and violent; they are places where criminals are nurtured. I contend that the PPO is a politically motivated piece of legislation, which cannot be accepted at all. Civil society and the citizens of Pakistan should oppose it wholeheartedly.

While talking to a criminal lawyer based in the city of Lahore, Salman Sandhu, I became aware that people caught with explosives and people accused of heinous crimes were being let out on bail. He said this all happens because there is no protection for our judges. He said it was time to stop criticism and discuss a workable strategy. He said there were many things that needed improvement. For instance, the police stations did not have the record of FIRs registered with them.

Many of the provisions of the PPO are problematic in that they are contrary to constitutional guarantees, international human rights norms and the law. These provisions are vague and without a clear aim. In its present shape, the bill gives powers to the security agencies to infringe upon the fundamental rights of the citizens guaranteed under the constitution. Another point is that special courts, as envisaged by the PPO, will not be open courts and the proceedings of these courts will be kept secret from the public. These special courts may very well end up becoming instruments of power for a totalitarian regime with little or no regard for the rule of law. The establishment of special courts, in principle, is abhorrent and discriminatory.

In culmination, it is submitted that on the face of it, the PPO is a draconian piece of legislation without any doubt. By enacting such laws, the government will not be able to eliminate terrorism from Pakistan. There is a need to spread education and ensure civil liberties in Pakistan instead of stopping the citizens of Pakistan from enjoying fundamental human rights. The PPO has lots of provisions that are contradictory to the supreme document — the constitution of Pakistan — e.g. right to free trial, freedom of expression and right to life. There is a need to amend all laws that are not in line with human rights as such laws will always undermine human dignity.

The writer is an advocate of the High Court and is lecturing in the Law of Succession. He can be reached at greenlaw123@hotmail.com