ISLAMABAD, Dec 13: President Pervez Musharraf on Thursday sanctioned the creation of the National Command Authority, authorising it to “ensure security and safety of nuclear establishments, nuclear materials” and to safeguard all “information and technology related to the security and safety of the Strategic Organisation”.
The ordinance, which comes into force with immediate effect, says the president will be the authority’s chairman and the prime minister its vice-chairman.
The National Command Authority will have “complete command and control over research, development, production and use of nuclear and space technologies and other related applications in various fields and to provide for the safety and security of all personnel, facilities, information, installations or organisations and other activities or matters connected therewith …”
According to the ordinance, the authority will include ministers of foreign affairs, defence, interior, chairman of the Joint Chiefs of Staff Committee, chiefs of army, navy and air force, and director-general of the Strategic Plans Division. The director-general of the Strategic Plans Division will be the authority’s secretary.
The ordinance authorises the authority to “ensure safety of serving or retired employees” and to “supervise, manage and coordinate the administration, management, control and audit of budget, programmes and projects … of the strategic organisations”.
The authority has been authorised “to take measures regarding employees in respect of their movement, communication, privacy, assembly or association, in the public interest or in the interest of integrity, security or defence of Paksitan or friendly relations with foreign states and public order.”
Under the ordinance, anyone who “commits, attempts, abets or continues the breach of national security shall … be liable to … imprisonment … for a term which may extend up to 25 years”.
The employees of the National Command Authority will not be governed by the Industrial Relations Ordinance of 2002 and it overrides other laws like the Civil Servants Act of 1973 or the Pakistan Atomic Energy Commission Ordinance of 1965, the Pakistan Space and Upper Atmosphere Research Commission Ordinance of 1981 or “any other law or rules made there under for the time being in force and applicable to Strategic Organizations”.
“Save as provided under this ordinance, no order made or proceeding taken under this ordinance, rules or regulations made there under by the Competent Authority or any officer or authority authorised by it shall be called in question in any court or administrative tribunal and no injunction shall be granted by such court or tribunal in respect of any decision made or proceedings taken in pursuance of any power conferred by or under this Ordinance, rules or regulations made there under.” –APP
