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Draft of amendment bill

Updated January 03, 2015

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Whereas extraordinary situation and circumstances exist which demand special measure for speedy trial of certain offences relating to terrorism, waging of war or insurrection against Pakistan and for prevention of acts threatening the security of Pakistan by the terror-in groups formed in the name of religion or a sect and also by the members of any private armies, armed groups, wings and militia;

And whereas there exists grave and unprecedented threat to the integrity of Pakistan by the raising of arms and insurgency in name of religion and sects, and foreign and locally funded anti-state elements including warriors in the name of the religion or sect;

And whereas it is expedient that the said terrorists groups including any such terrorists fighting in the name of religion or sect captured or to be captured in combat with the Armed Forces or otherwise are tried by the courts established under the Acts mentioned hereinafter in section 2;

And whereas the people of Pakistan have expressed their firm resolve through their chosen representatives in the all parties conference held in aftermath of the sad and terrible terrorist attack on the Army Public School at Peshawar on 16 December 2014 to permanently wipe out and eradicate terrorists from Pakistan it is expedient to provide constitutional protection to the necessary measures taken hereunder in the interest of security and integrity of Pakistan;

It is now enacted as under:

  1. Short title and commencement. — (1) This Act may be called the Constitution (Twenty First Amendment) Act, 2014.

(2) It shall come into force at once.

(3) It shall extend to the whole of Pakistan.

(4) The provisions of this Act shall remain in force for a period of two (2) years from the date of its enactment and shall cease to form part of the Constitution and shall stand repealed on the expiration of the said period.

  1. Amendment of Article 175 of the Constitution. After Article 175(3) the following proviso shall be added namely:

“Provided that the provisions of this Article shall have no application to the trial of persons under any of the Acts mentioned at serial No.6, 7 & 8 of section 3 of this Act who claims or is known to belong to any terrorist group or organisation formed in the name of religion or sect.

  1. Amendment in the First Schedule of the Constitution.- ln the First Schedule, In Part I (III), after entry 5, the following new entries shall be made:

  2. The Pakistan Army Act 1952.

  3. The Pakistan Air Force Act 1953.

  4. The Pakistan Navy Ordinance 1961.

  5. The Protection of Pakistan Act, 2014.

  6. Overriding effect.- The provisions of this Act shall have effect, notwithstanding, anything contained In the Constitution, any law for the time being in force or any Judgment of a court including the Supreme Court.

Published in Dawn, January 3rd, 2015

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