Upper House proactive in enacting laws on important issues
Islamabad
The Senate on Monday unanimously adopted two motions for referral to a joint sitting of Parliament the bill for prevention of and protection of Pakistani citizens and all other persons from all acts of torture, custodial death and custodial rape and the bill for protection of rights, provision of facilities and rehabilitation of un-attended orphan children.
These bills were adopted by the Senate and sent to the National Assembly (NA) which did not pass them within 90 days. The first bill was moved by the PPP Senator Farhatullah Babar and the second by Senator Karim Khawaja of the same party, as the Senate met for its 259th session.
The Senate mulled over the denial of visa to US Senate Deputy Chairman Maulana Abdul Ghafoor Haideri. Mian Raza Rabbani chaired the meeting and it was attended by Leader of the House Raja Muhammad Zafarul Haq and other senators.
A senator told The News that neither the Ministry of Foreign Affairs nor the US Embassy had contacted Chairman Senate or the Senate Secretariat on this matter.
The senators, fully supported the decision of Chairman Senate with regard to issuance of visa by the US Embassy denying the opportunity to participate in the UN sponsored Inter Parliamentary Union event in New York, says a statement issued by the Senate Secretariat in the evening.
They unanimously endorsed the Chairman’s decision not to welcome US diplomats, Congressman and delegations in the Senate.
Rabbani asserted in a statement, “No delegation, member of Congress or diplomat of the US will be welcomed by the Senate of Pakistan, Senate Standing Committees and the senators in their official capacity till this issue is resolved”.
The statement said that the visit has been called off. It said Rabbani had ordered that no Senate delegation would visit the US until its diplomatic mission explained the delay in issuance of a visa to Haideri whereas it was issued to the second member of the committee Senator Lt-Gen. (R) Salahudin Tirmizi of PML-N.
Senator Babar’s the Anti-Torture Bill prescribes life imprisonment and fine of Rs3 million for custodial death or custodial rape and a minimum of 5 years in jail and fine up to Rs1 million for torture. Torture has been defined as inflicting physical or mental pain upon another person in custody, for obtaining any information or a confession or harassing and molesting a woman for this purpose.
According to the bill, any statement obtained as a result of torture will be inadmissible as evidence. A state of war, emergency, political instability or an order of a superior authority shall not constitute a defence against torture.
Likewise, no female shall be detained to extract information regarding the whereabouts of a person accused of any offence. A female can be taken into custody only by a female public servant and not by any male.
The Sessions Court shall have exclusive jurisdiction to try offences. Complaints of torture may be filed either with the FIA or before a Sessions Judge against any person, including a public servant.
Investigation in complaints of torture shall be completed within 14 days. Trials shall be completed within three weeks. Appeals can be filed before the respective High Court within 10 days and decided in 30 days.
Complaints filed with mala fide intent are punishable with imprisonment up to one year or with fine of up to Rs1 million. The existing provisions in the PPC neither define "torture" nor deem it a criminal offence and it is necessary to adopt domestic legislation, he said.
The statement of objects of un-attended orphans bill states that the un-attended orphans and children of unknown parentage face many problems resulting in such children getting involved in crimes and other social evils.
The bill seeks to protect the rights of these children and provision of facilities to and launching for welfare schemes for their rehabilitation.
The House separately unanimously adopted two resolutions to express profound grief over the death of Bano Qudsia and ex-education minister Sindh Dr. Hamida Khuhro, a historian, politician, professor and writer, who twice served as education minister. They also offered Fateha for the departed souls.
Five bills were introduced in the House and these are : The ICT Senior Citizens Board Bill, 2017 and The Control of Narcotic Substances (Amendment) Bill, 2017 by Senator Ch. Tanvir Khan of PML-N, The Code of Criminal Procedure (Amendment) Bill, 2017 by PTI’s Senator Muhammad Azam Swati, The Islamabad Rent Restriction (Amendment) Bill, 2017 and The Constitution (Amendment) Bill, 2017 (Amendment of Fourth Schedule) by MQM’s Mian Muhammad Ateeq Sheikh.
These bills were to the standing committees concerned for further deliberations. The Senate passed The Federal Board of Intermediate and Secondary Education (FBISE) (Amendment) Bill, 2016. The bill, moved by PML-N’s Nuzhat Sadiq, provides to amend the Federal Board of Intermediate and Secondary Education Act, 1975.
