The PML-N led outgoing government, which has been bulldozing legislation after legislation through in parliament without due process, passed one of the most controversial laws from National Assembly by amending century-old Official Secrets Act in a bid to grant intelligence/secret agencies blanket powers to raid and detain any citizen, or enter/search any person in any place, without obtaining search warrant from any court of law.
Last week, Parliamentary Affairs Minister Murtaza Javed Abbasi introduced a bill to amend the Official Secrets Act of 1923 through a supplementary agenda on a private member’s day. The bill was approved the same day but, mercifully, was vehemently rejected by the Senate the following day.
The Official Secrets Act 1923, a law that regulates the disclosure of official information and documents in Pakistan, was enacted during the British colonial rule and has been criticized for being outdated and oppressive.
The proposed amendment to the Official Secrets Act adds several new provisions and modifies terminology and procedure. In essence, the proposed law pretty much gives draconian powers to the state.
In the first place, it redefines “enemy” as “any person who is directly or indirectly, intentionally or unintentionally working for or engaged with the foreign power, foreign agent, non-state actor, organization, entity, association, or group guilty of a particular act tending to show a purpose that is prejudicial to the interest and safety of Pakistan.”
Additionally, without even needing to obtain a warrant, it enables intelligence agencies to enter and search anyone or any location, confiscate documents and other evidence from anyone’s house or person in complete disregard of Pakistan’s constitution that says “the dignity of man and, subject to law, the privacy of home, shall be inviolable”.
The bill has been met with strong opposition from various quarters, especially from the legal fraternity. The Pakistan Bar Council (PBC), the apex body of lawyers in the country, has strongly condemned the proposed amendments and demanded their immediate withdrawal. The PBC has termed the amendments as unconstitutional, draconian, and violate of fundamental rights. The PBC has also expressed its concern over the lack of consultation and debate on such a sensitive and important matter.
The amendments to the Official Secrets Act 1923 have raised serious questions about the balance between national security and civil liberties in the country. The bill has been criticized for giving sweeping powers to the state agencies without any judicial oversight or accountability and undermining the transparency and accountability of public institutions and officials.
Although, the bill has been challenged in the Supreme Court by various petitioners who have sought its annulment on constitutional grounds, nevertheless, it is deeply troubling that a government that talks about democratic values, injustice, and human rights is willing to revoke some of the fundamental freedoms guaranteed to Pakistani citizens.
