ISLAMABAD: The Pakistan Bar Council (PBC) and the Supreme Court Bar Association (SCBA) are considering challenging in the Supreme Court the Protection of Pakistan Act (PPA) 2014, the controversial anti-terror law which passed through the National Assembly on July 3.

Both institutions believe that despite being softened, the law still puts a strain on human rights guarantees enshrined in the Constitution.

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“I intend to raise PPA issue in a meeting of the PBC scheduled for Saturday,” Vice Chairman of the Council Mohammad Ramzan Chaudhry told Dawn. Implementation of the law would introduce a parallel judicial system in the country to what had been held by the Supreme Court in the 1999 Sheikh Liaquat Hussain case by striking down military courts in Karachi, he said.

But, he added that the PBC would like to see the Supreme Court invoke its suo motu jurisdiction by taking notice of basic human right violations which might occur if the law was enforced in its present shape.

PBC, SCBA say the law puts a strain on human rights guarantees enshrined in the Constitution

The lawyers’ leader said if the court could take suo motu notice of the recovery of two bottles of liquor from the luggage of a woman he saw no reason why it cannot check flagrant violation of human rights.

In case the apex court chose not to take notice, he said, the PBC would be left with no other option but to knock the doors of the court.

Similarly, SCBA president Senator Kamran Murtaza said he was going to call a meeting of the association soon or just after Eid holidays to pass a strongly-worded resolution against the law because the lawyers’ body deemed as ‘cruel and inhuman.’

The meeting might also consider moving a petition before the Supreme Court to challenge some sections of the law, he said.

To start with, he said, the law adversely impinged upon provincial autonomy since maintaining law and order was the foremost responsibility of provincial governments.

If the PBC or the SCBA decides to assail the vires of the law, they will compliment the decision made by Jamaat-i-Islami chief Sirajul Haq to file a petition against the PPA in the court.

The major concession of the law like allowing law-enforcement officers to shoot a terrorism suspect at sight is the most contentious part of the law which has troubled the chiefs of the two bodies.

Mr Murtaza said a non-gazetted officer of grade 15 could not be allowed to order shooting of any person on mere suspicion. Therefore, the section was prone to misuse in a society where tolerance level was ever diminishing.

“Clause 3(2a) of the PPA allows an officer not below BPS-15 to shoot a suspect. But the cases of such firing resulting in death can be reviewed in a judicial inquiry to be conducted by a person appointed by the federal government if the facts and circumstances so warrant.

“It directly breaches fundamental rights of citizens,” the SCBA chief said.

“Clause 3 (c) which allows law enforcing agencies to enter and search without warrant any premises to make arrest or recover firearms, explosives, vehicles and other instruments also violates the concept of privacy of home.”

Senator Murtaza also criticised Clause 17 (2) which empowers prosecutor general to withdraw a case at any stage of the proceedings from one special court and submit it in another special court constituted under the act.

“This section would allow the prosecutor general to withdraw a case against a suspect after sensing that the court is not ready to accept his point of view because of weak evidence. This is sheer discrimination and amounts to mocking legal procedures.

Likewise, Clause 7 under which a report of the joint investigation team will be admissible in evidence will mean a mere opinion of the investigating officer against an accused will become evidence before the court of law,” he said.

Strict implementation of existing law would weed out the menace of terrorism,” he said and added that it was not necessary to enact a new law for the purpose.

Published in Dawn, July 16th, 2014