NA passes bill to amend official secrets law

ISLAMABAD: The National Assembly on Tuesday passed three government bills, including the Official Secrets (Amendment) Bill 2023 and the Toshakhana Management and Regulation Bill 2023.

It was the private members day. However, the House passed government-sponsored bills after suspending rules of the House to take up legislation, which was not on order of the day.

Minister for Parliamentary Affairs Murtaza Javed Abbasi moved the motion to suspend the rules. The important bill which, on becoming an Act of Parliament, would come into effect at once, was introduced and passed on the same day.

The statement of objects and reasons of the bill says that it is imperative to amend the official Secrets Act 1923 and make it more effective in view of the changing social milieu to ensure safety and security of official documents.

According to a new insertion 2(A) in Section 11 of the Official Secrets Act 1923, notwithstanding anything contained in this Act or in any other law for the time being in future, the intelligence agencies, may at any time, can enter and search a place or a person without warrant, and if necessary, by use of force and seize any document, sketch, plan, model, article, note, weapon, ammunition, electronic or modern device or anything of like nature, or anything which is or can be evidence of any offence committed, or suspecting of been committed under this Act.

Another insertion 12A says that under this Act, the investigation officer shall be an officer of the FIA not below the rank of BPS-17 or equivalent, and he shall be designated by the FIA director general. If the DG deems necessary, he may appoint Joint Investigation Team consisting of officers of intelligence agencies as he may appoint.

The JIT, according to the bill, will complete its inquiry within 30 days. The case, if relates to civil espionage, will be investigated by the FIA or JIT.

However, according to an amendment in Clause b of Section 12, the punishment for an offence has been reduced from 14 to 10 years. The amendment clause says other than an offence punishable with imprisonment for a term which may extend to ten years, shall be a cognisable and bailable offence.

Earlier, Maulana Abdul Akbar Chitrali protested introduction and passage of the bill in haste on the same day even without provision of its copies to members. However, the copies of the bill in English language were distributed among the members immediately. Chitrali said that it was also a violation of the Constitution that copies of the bill in Urdu language were not distributed and the same has been happening for the last few days.

Minister for Parliamentary Affairs Murtaza Javed Abbasi moved the Toshakhana (Management and Regulation) Bill 2023 and Pakistan Airports Authority Bill 2023. Both bills were passed by the House after the Senate already approved both the legislative proposals.

The Toshakhana Management and Regulation Bill 2023, passed by the House, declares that the existing and future gifts to be received in Toshakhana shall be disposed of through an open auction.

The proceeds of such an auction shall be kept in a separate account and will be utilised for promoting female primary education in the most backward areas of the country.

The public office holders including prime minister, chief ministers, federal ministers, other cabinet members, government officers receiving gifts will have to deposit gifts with Toshakhana within 30 days.

The two main coalition parties, including the PMLN and PPP, developed differences after the federal minister for federal education opposed the bill titled Babrak Institute of Science, Art and Technology Bill 2023. The bill was moved by Qadar Khan Mandokhel of the PPP.

The minister and PPP parliamentarian were also involved in exchange of remarks as the later strongly protested against response to his bill. “I know my job and oppose the bill as it does not meet the required criteria and may be referred to the concerned committee,” the minister said.

The private member’s bill regarding establishment of the private institute was opposed by minister for the reasons that the institute did not meet criteria of the Higher Education Commission (HEC) and did not have NoC of the commission.

The bill was put for voice vote but the mover opposed the result against him. On that Deputy Speaker Zahid Akram Durrani asked for head counts. The counting was in progress when proceedings were suspended for Zuhr prayers and were later adjourned till Wednesday.

Three private members bills passed by the House included the Promotion and Protection of Gandhara Culture Authority Bill 2023; the Margalla International University Bill 2023 and Thar International Institute Bill 2023. All these bills were sponsored by MNA Dr Ramesh Kumar Vankwani.

Earlier, Maulana Abdul Akbar Chitrali also protested introduction and passage of bills regarding establishment of private educational institutes and universities. However, the minister said that the bill regarding those institutes were being accommodated which meet criteria of HEC and enjoy NoC of the commission.