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Thursday May 16, 2024

Senate passes bill to enhance penalty for disrespecting sacred personalities

PMLN’s Hafiz Abdul Karim and Mushtaq Ahmad of the JI were the movers of the bill

By Mumtaz Alvi
August 08, 2023
A view of a session of the Senate. — APP/File
A view of a session of the Senate. — APP/File

ISLAMABAD: The Senate Monday had a record 122-item agenda before it and it passed some key bills, including the bill, amending the Pakistan Penal Code 1860 and the Code of Criminal Procedure 1898 to enhance punishments for those who disrespect Ahle Bait (AS) or Sahaba-e-karam (RA).

PMLN’s Hafiz Abdul Karim and Mushtaq Ahmad of the JI were the movers of the bill, which has been already adopted by the National Assembly, introduced by JI’s MNA Maulana Abdul Akbar Chitrali. The bill further amends the Pakistan Penal Code 1860 and the Code of Criminal Procedure 1898 and is titled: The Criminal Laws (Amendment) Bill 2023.

Explaining the amendment bill, Senator Mushtaq said that fine and sentence had been increased to ensure none dares to pass any derogatory remarks and defame Ahle Bait, Sahaba-e-karam and Umhatul Momineen.

He said that under the PPC, the punishment was for three years but it has been increased now and accordingly, an amendment is proposed in CrPC. Some members on the treasury, including Minister for Climate Change Sherry Rehman, wanted the bill’s referral to the House standing committee, adopting the standard procedure. Reacting to one member’s remarks with his mike off, she said with threat and coercion there could be no legislation in the House.

She also said that they had not yet gone through the bill, therefore, it should be referred to the committee concerned, as there is consensus in the House that legislation should not be done in haste. “How can we pass a bill without reading it,” she remarked.

Pir Sabir Shah and Rana Maqbool Ahmad of the PMLN said the bill would be complete only after those, who disgrace Hazrat Imam Hussain (RA) and glorify Yazeed are also held accountable in it. “Should not there be a law for those, who disrespect Imam Hussain (RA),” he asked.

Pir Sabir referred to a video-clip of a local cleric, who, he said, had suggested that in his view, at least the term of ‘Rehmatullah Elaih’ be used for Yazeed, who had tried to shake the foundation of Islam. “I urge the House and the movers to also incorporate accountability of such persons in the bill,” he said.

The Chair suggested to Senator Maqbool to submit an amendment by Tuesday in this connection had he promised to do so.

Senators Maulana Abdul Ghafoor Haideri and Hafiz Abdul Karim and Prof Sajid Mir hoped the bill would help sectarian harmony in the country and deter the elements, which wanted to resort to disgrace of sacred personalities.

Before the passage of bill, the chair asked Religious Affairs Minister Senator Muhammad Talha Mehmood for taking sense of the House and wanted it being taken up for passage. However, the bill faced some resistance but with voice vote, the bill was adopted after taking sense of the House.

It was a private members day, and the House referred over well a dozen bills regarding the creation of new universities and institutes, both already passed by the National Assembly and introduced in the Senate, to the House committee concerned.

As member after member rose to move for introduction of a bill for the establishment of universities of science and technology or move a motion for adoption of the bill, PTI Senator Prof Mehr Taj Roghani rose to warn that this ‘bombardment of universities’ would ruin the education system in the country.

She explained that already there were 350,000 technologists in the country for the last 50 years without any service structure while there are 64 universities of science and technology. “Who will handle the new ones being bombarded here,” she wondered.

She suggested the matter of service structure of technologists should be referred to the House committee to thrash out a document in this connection.

“Point to be noted,” remarked Senate Chairman Sadiq Sanjrani, when Senator Tahir Bizenjo said there have been dozens of bills regarding universities, one wonders, why MNAs are taking so much interest in them.

Facing lack of the required 72 members, must to pass a constitutional amendment bill, the chair referred back two bills-one on creation of Hazara province and the other Seraiki province to the House standing committee concerned.

However, while Pir Sabir Shah insisted on taking up his bill on Hazara province for consideration and passage, the chair pointed out to him and later to Rana Mehmoodul Hassan that he would have done so, had there had been the required number of members present in the House.

But the issue of creation of Hazara province, again exposed the division among political parties, as Senator Kamran Murtaza, Maulana Abdul Ghafoor Haideri of JUIF and Haji Hadayatullah of ANP strongly opposed the creation of new provinces on the linguistic basis.

Other bills passed by the Senate included The Civil Servants (Amendment) Bill 2023, the Protection of Family Life and Wedlock Bill 2023, the Federal Public Service Commission (Amendment) Bill 2023 and the Prime University of Nursing, Sciences and Technology (PUNST) Islamabad Bill 2022.

The House adopted a resolution, which reads, “The Senate of Pakistan recalls 5th August 2019, as a ‘Black Day’ when BJP-led government, abrogated Articles 35-A and 370 of India’s Constitution and took away the autonomy of Jammu and Kashmir and divided the state into two Union territories; the House rejects India’s illegal and unilateral actions of 5 August 2019 which are in direct violation of UNSC Resolutions and are aimed at changing the demographic structure of Indian Occupied Kashmir, suppressing the realisation of the inalienable right to self-determination of the Kashmiris as well as violating their civil, political, economic, social and cultural rights.

“The House expresses deep concern over the additional draconian human rights violations being committed by the Indian government further increasing the impunity of Indian occupation forces, resulting in egregious violations of basic human rights and fundamental freedoms of the Kashmiri people in IOJK.

“The House reaffirms the principles and objectives of the UN Charter regarding the sanctity of the universal realisation of the right of peoples to self-determination and recalling the numerous unimplemented UN Security Council Resolutions on Jammu and Kashmir dispute which declare that the final disposition of the state of Jammu and Kashmir will be made in accordance with the will of the people.

“The House strongly deplores the state sponsored terrorism and crimes against humanity by Indian occupation forces against people of IOJK; the House acknowledges the efforts of the international human rights organisations, international media, international parliamentary fora especially European Parliament for expressing concerns over the gross human rights violations in Indian Occupied Kashmir.

“The House calls upon the international community to support the freedom struggles of the people of Indian Occupied Kashmir both morally, legally and materially as the international community supporting Ukraine morally and materially in the current Russian Ukraine war.

“This House recommends that the government should expedite its diplomatic efforts to continuously highlight the Kashmir issue at the UN Human Rights Council, including through periodical brief and joint letters to the President of the Human Rights Council and all international Human Rights bodies about the evolving developments in Indian Occupied Kashmir,” said the resolution The House will meet again now on Wednesday afternoon.