ISLAMABAD: A controversial law proposed by the government that grants near-blanket powers to top intelligence agencies, and recommends a three-year prison term for anyone found guilty of disclosing the identity of an intelligence official, was passed by the National Assembly on Monday, a day after the upper house of parliament also green-lighted the legislation.
On Sunday, Pakistan's Senate passed the Official Secrets (Amendment) Bill 2023 by a majority vote after the federal government made changes to the bill, removing a clause that gave spy agencies the power to carry out raids or make arrests without warrants. The legislation had been tabled amid growing criticism of military and intelligence officers by former Prime Minister Imran Khan and his deputies.
Law Minister Azam Nazeer Tarar, who tabled the bill in the Senate on behalf of Interior Minister Rana Sanaullah, informed senators that the government had withdrawn the provision to empower intelligence agencies to carry out raids or make arrests without warrants.
“The objection has been removed, the arrest without warrant clause has been withdrawn,” the minister said, adding that the legislation should be seen without prejudice as granting protections to military and intelligence officials offering sacrifices for the country, particularly in war zones.
After passing through the Senate and the National Assembly, the bill will now go to President Arif Alvi to be signed into law, a mere formality.
The Official Secrets (Amendment) Bill, 2023 originally made it legal for two premier intelligence agencies, the Inter-Services Intelligence (ISI) and Intelligence Bureau (IB), to raid and detain any citizen and seize any document, sketch, plan, electronic or modern devices or anything which can be evidence of an offence committed.
“The intelligence agencies may, at any time, enter and search any person or place, without warrant, and if necessary, by use of force, and seize any document, sketch, plan, article, note,” the bill says.
The proposed legislation has also broadened the definition of “document” to include “any written, unwritten, electronic, digital, or any other tangible or intangible instrument” related to the military’s procurements and capabilities.
Likewise, the definition of “enemy” introduced in the proposed law states:
“Any person who is directly or indirectly, intentionally or unintentionally working for or engaged with a foreign power, foreign agent, non-state actor, organisation, entity, association or group guilty of a particular act… prejudicial to the safety and interest of Pakistan.”
Another amendment in the bill proposes a prison term of three years for disclosing the “identity of the members of the intelligence agencies or the informants or sources.”
It also terms a visit of a Pakistani citizen to the address of a foreign agent within or outside Pakistan as an offence.
The proposed law empowers the Federal Investigation Agency and officials of intelligence agencies to investigate suspects for violation of the Official Secrets Act.
Speaking to Arab News last week, Advocate Taimur Malik warned that the proposed legislation could be used to curtail civil liberties and constitutional rights.
“The legislation may be enacted with a good will to protect the national interests, but the chances of its misuse seem to be massive,” Malik said. “Such legislations are not passed in functional democracies.”
He said the legislation would have “serious implications” in the absence of checks and balances on the working of intelligence officials.
Advocate Abdul Moiz Jaferii said the proposed legislation on intelligence officials was an attempt to give legal cover to spy agencies operating with impunity.
“If the past of our agencies is anything to go by, then there are serious concerns of these powers being abused by the same agencies,” Jaferii told Arab News.
The Sharif government has tabled a number of controversial bills in parliament in the last two weeks, raising alarm among legal experts and human rights activists over why bills related to civil liberties have been passed without requisite debate in parliament.
The recently-passed Army Act (Amendment) Bill proposes up to five years in jail for disclosing sensitive information and two years for ridiculing or scandalizing the armed forces. It also bars military officials posted on sensitive duties from entering politics for five years after retirement.
Last month, amendments to the Elections Act granted additional powers to the caretaker government to take important decisions and engage with international institutions.
Last week parliament also passed a contempt of parliament bill proposing six months jail or one million rupees fine or both for those found guilty by a parliamentary committee of contempt of the parliament.
On Monday, the Senate dropped a controversial Prevention of Violent Extremism Bill after opposition by lawmakers. The bill had proposed a ten-year jail term with two million rupees in fines.
On Monday, Information Minister Marriyum Aurangzeb announced the withdrawal of the Pakistan Electronic Media Regulatory Authority (Amendment) Bill, 2023 following objections by stakeholders. The bill, aimed at streamlining the procedures to register and monitor ratings of TV channels as well as elaborating on the definitions of disinformation and misinformation, was passed by the National Assembly on August 3.
