ICT has no law to collect tenants’ details

ISLAMABAD: The Islamabad Capital Territory (ICT) has no law making it mandatory for citizens to report to police particulars of tenants whereas a web-based legislation was promulgated on the subject in Punjab four years back.

Every time Section 144 (power to issue order absolute at once in urgent cases of nuisance or apprehended danger) of the Criminal Procedure Code (CrPC) is invoked to achieve this purpose in ICT. However, no order under this section can remain in force for more than two months unless in cases of danger to human life, health or safety, or a likelihood of a riot or an affray, the government otherwise directs. The reason is that the executive can’t make laws for their perpetual operation, a senior official told The News. “Legislation is the job of parliament. No government has framed such a law for ICT.” The present order of the Islamabad deputy commissioner, which was used to arrest eminent columnist Irfan Siddiqui, was issued on July 22, four days before its application. Its promulgation was not publicly known.

The order said that it “shall be given wide publicity by publication in the official gazette and the local newspapers and through all media publicity and by affixing copies on the notice board of the sub-divisional courts, Tehsil office, police stations and other conspicuous places” in ICT. However, no media outlet ever reported its issuance. It said miscreants tend to be involved in terrorist activities within the ICT jurisdiction by hiding in houses/places taken on rent. In order to avert the involvement of miscreants who may accomplish their nefarious activities while residing within Islamabad, it is necessary to verify the particulars of person occupying houses/commercial properties on rent through prosperity dealers/owners on regular basis. In the deputy commissioner’s opinion there are sufficient grounds for proceeding and directions hereinafter appearing are necessary. The order prohibited renting out any kind of property to any person whether by a property dealer/owner/broker/ owners without informing the concerned police station in the jurisdiction of which the property is situated, regarding the particulars of tenants, containing his CNIC number and phone number(s) on the prescribed pro forma advertised by the senior superintendent of police (Operations), Islamabad, in this regard.

This order shall come into force with immediate effect and shall remain in force for a period of two months. Notwithstanding its expiry, everything done, action taken, penalty or punishment incurred, investigations, enquiry, proceedings pending against offenders in the court of magistrate having powers under the CrPC and punishment in respect of this order shall be continued or launched as if this order has not expired.

Section 188 of the Pakistan Penal Code (PPC), which was applied to Siddiqui on the force of the deputy commissioner’s order, deals with disobedience to order duly promulgated by public servant.

It says, whoever, knowing that by an order promulgated by a public servant lawfully empowered to promulgate it, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury or risk of obstruction, annoyance or injury, to any persons lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to Rs600 or with both; and if such disobedience causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to Rs3,000 or with both.

It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce harm.

The Punjab Information of Temporary Residents Act 2015 says the property dealer, landlord and tenant shall, within 15 days from the time of delivery of possession of the rented premises to the tenant, provide information about the tenant in the prescribed manner to the police through the fastest means of communication. The owner or manager shall, within 24 hours from the time of arrival or check in of a guest, provide information about the guest in to the police. If one of such persons provides the requisite information, the other concurrently responsible persons shall not be liable for non-provision of the information to the police.

A person, not being student or staff of an organisation or institution, shall not stay at a hostel exclusively managed and controlled by the organisation or institution without prior permission in writing of the manager. The manager shall, within 24 hours from the time he receives information about stay of a person, provide information about the particulars of the person to the police. The landlord, manager or property dealer shall not allow any tenant or guest to stay at the rented premises, hostel or hotel unless he is satisfied about their identification on the basis of their CNIC or passports. The landlord, manager or property dealer shall obtain a copy of these documents the tenant or the guest and shall provide it to the police at the earliest.

The police shall maintain a database of all the tenants and guests by categorising them. The police shall conduct analysis of the data for prevention, detection and investigation of offences. The information received under this law shall not be used for any purpose other than prevention, detection, investigation and prosecution of offences of terrorism and other offences under the PPC.