ISLAMABAD: The Senate unanimously approved on Monday the Protection of Pakistan Bill which gives more powers to security forces combating terrorism in the country. The bill was adopted amid protests by the opposition against continued absence of Interior Minister Chaudhry Nisar Ali Khan from the house.

The house, which had specially been convened only for a day to get the anti-terror law passed, also witnessed a brief debate on the condition of internally displaced persons and an opposition walkout over the government’s alleged failure to give satisfactory replies to questions about suspension of foreign airline services after the attack on a plane near the Peshawar airport.

Leader of Opposition in the house Chaudhry Aitzaz Ahsan and PPP’s Saeed Ghani appealed to Pakistan Tehreek-i-Insaf (PTI) Chairman Imran Khan “to review his decision” of holding a million-man march on Islamabad because of the prevailing security situation in the country. They advised the PTI chief to utilise his resources for the welfare of the IDPs, instead of holding the march.

The Protection of Pakistan Bill which seeks “to provide for protection against waging of war against Pakistan and the prevention of acts threatening the security of Pakistan” was moved by Minister for Science and Technology Zahid Hamid.

The bill will now go back to the National Assembly for approval. A session of the assembly has already been called on July 2.

After the passage of the bill, PPP Parliamentary Leader Raza Rabbani said the opposition members still considered it a “harsh law” but were supporting it keeping in view the prevailing security situation in the country “which is in a state of war”.

He regretted that the interior minister was nowhere during the process of consultations on the bill with the opposition parties and he was absent from the house also on the day this crucial bill was being passed.

Mr Rabbani said they had suggested a number of amendments in an effort to ensure parliamentary and judiciary oversight. He regretted that the government had demonstrated a “non-serious and non-political attitude” at a time when certain elements were making efforts to destabilise the country.

Earlier, presenting a report of the Standing Committee on Interior on the Protection of Pakistan Bill, Senator Talha Mehmood of the JUI-F asked the government to make sure that the law would not be used against religious seminaries and political opponents. He said security forces had been given vast powers in the law and it was a responsibility of the government and parliament to avoid a repetition of the Model Town incident in which police opened fire on workers of a party.

Afrasiab Khattak and Zahid Khan of the Awami National Party said all foreign airliners had suspended their flights to Peshawar, a development which would cause serious problems to the people of Khyber Pakhtunkhwa.

Minister of State for Parliamentary Affairs Sheikh Aftab Ahmed told the house that the prime minister had allocated Rs5 billion for improving security at airports after the recent incidents in Karachi and Peshawar.

Aitzaz Ahsan was of the opinion that the war on terror could only be won by winning the hearts and minds of the IDPs. “If the IDPs are satisfied, we will win the war,” he said. He asked the government to freeze the metro bus projects and use the resources for IDPs’ welfare.

The following are some salient features of the Protection of Pakistan Bill 2014:

It defines “enemy alien” as “a militant” 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 who has been deprived of his citizenship by naturalisation”.

The bill defines “militant” as “any person who wages war or insurrection against Pakistan, or raises arms against Pakistan, its citizens, the armed forces or civil armed forces; or takes up advocates or encourages or aids or abets the raising of arms or waging of war or a violent struggle against Pakistan; or threatens or acts or attempts to act in a manner prejudicial to the security, integrity or defence of Pakistan; or commits or threatens to commit any scheduled offence; and includes; 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”.

“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” will also be treated as a militant.

The law has given the powers to law-enforcement agencies to “enter and search, without warrant any premises to make any arrest of to take possession of any firearm, explosive weapon, vehicle, instrument or article used, or likely to be used and capable of being used, in the commission of any scheduled offence”.

However, it says that “after the search, the circumstances justifying it and the items recovered shall be reported within two days to special judicial magistrate of the area by the officer conducting the search”.

According to the law, the order to shoot a person on suspicion will come only from an official of a law-enforcement agency or a police officer of grade-15 or above. Moreover, it binds the government to order a judicial inquiry, if any law-enforcement agency official opens fire on suspected terrorists.

Under the law, convicted persons will have the right to appeal before a high court against their convictions.

Earlier, a convicted person had only the right to appeal before the Supreme Court.

A clause in the bill says: “The government, joint investigation team, armed forces or civil armed forces may, in the interest of the security of their 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 the disclosure is made may decide to treat it as privileged information in the public interest; and 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.”

It further says: “Any person apprehended in the course of preparation, attempt 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.”

Giving “explanation”, the law states: “A cellphone or other instrument that contains logs or evidence of calls or messages made or received that facilitate 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.”

Published in Dawn, July 1st, 2014