ISLAMABAD: The National Assembly Standing Committee on Law and Justice will take up on Monday the Pakistan Commissions of Inquiry Bill 2016, which the government had introduced in the assembly last month against the backdrop of the controversy over Panamagate scam.

The federal cabinet had approved the draft of the bill on August 31, following which the main opposition PPP submitted to the Senate Secretariat its own bill seeking formation of a judicial commission to probe Panamagate.

After the cabinet’s meeting, Finance Minister Ishaq Dar had told reporters that the federal cabinet had approved the draft of “the Commissions of Inquiry Act, 2016”, which would replace the 60-year-old law.

In his apparent reference to observations made by Chief Justice of Pakistan Anwar Zaheer Jamali that the 1956 law was “toothless”, he said, the government had now empowered the commission.

The existing law, he said, had been there for the last 60 years and inquiries had been conducted under it into various incidents from the separation of East Pakistan in 1971 to the death of Osama bin Laden in Abbottabad in 2012. However, he said, the wisdom prevailed since there were general feelings that the law should be changed and the commission should be empowered.

“The Statement of Objects and Reasons” attached to the bill says that the existing law relating to appointment of inquiry commissions and empowering them for the purpose is the Pakistan Commissions of Inquiry Act, 1956.

“The act has been invoked for setting up fact-finding commissions on a number of important national issues in the past. However, on some matters the need has been perceived for a commission with greater powers than those that can be conferred under the act. It is, therefore, considered desirable that a new law be enacted enabling the government to confer additional powers on a commission of inquiry,” it says.

Under the proposed law, the federal government will have the power to constitute a three-member commission of inquiry “whenever it is expedient to conduct an inquiry into any definite matter of public importance”.

The Commission shall conduct the inquiry and perform its functions in accordance with terms of reference (ToR) given in the notification.

“The federal government shall specify the time period within which such inquiry shall be concluded, provided that the federal government may, on the request of the chairman of the commission, extend the time so specified.”

The proposed commission, under the new law, shall have the powers of a civil court under the Code of Civil Procedure, 1908, and can summon and enforce the attendance of any person and examine him on oath.

It says: “The chairman or any officer, not below the rank of an officer of BS-17, especially authorised in this behalf by the chairman may enter any building or place where the Commission has reason to believe that any books of account or other documents relating to the subject matter of the inquiry may be found; and may seize any such books of account or documents or take extracts or copies there from.”

The Commission shall also have the same powers as that of a high court to punish a person who “abuses, interferes with or obstructs the process of the Commission in any way or disobeys any order of the Commission, scandalises the Commission or otherwise does anything which tends to bring the Commission or a member of the Commission in relation to his office into hatred, ridicule or contempt.”

The Commission will also have the powers to constitute special teams, consisting of officers from executive authorities and experts in specific fields for the purposes of assisting the Commission in conducting an inquiry.

“The special teams shall have such powers as may be prescribed; (c) power to constitute an international team and seek international cooperation from foreign countries or agencies to get information, documents, evidence and record or issue letters in accordance with applicable international instruments.”

Published in Dawn, October 3rd, 2016