Monday, October 21, 2013

Special federal courts, police stations to be set up

SLAMABAD: On the advice of the prime minister, President Mamnoon Hussain on Sunday promulgated the Protection of Pakistan Ordinance in order to effectively tackle terrorism and heinous crimes. Under the ordinance, special police stations and federal courts would be established for the professional and expeditious investigation of specified crimes and to render inexpensive justice promptly. The ordinance maintains that the writ of the state will be established at all costs while the security and law enforcement agencies will jointly investigate incidents of terrorism, and the elements creating terror and fear would be considered as enemies of the state. The draft of the ordinance, available with this news agency, states that Pakistan and its people had been exposed to undeclared and thankless wars that have proliferated from our neighbourhood since 1979. “The elements hostile to our existence in collaboration with unscrupulous locals have since claimed 40,000 lives of the old and young of all ages and religious denominations in the second campaign that began in 2001; many more were injured, disabled or uprooted. The over three-decades long presence of many million aliens on our soil generated its own social complexities,” the draft said. The ordinance states that the PML-N government, its allies and all democratic forces are cognisant of the historical responsibility to pull the state and people out of the prevailing gloom and despair. It says the extraordinary disposition dictates an unusual dispensation. “New legislative initiatives have been proposed in line with international best practices to declare that: the Constitution and rule of law shall be our overarching umbrella. Security of life, property and the dignified living of our own people shall be the prime goal for all functionaries of the state.” The ordinance states that all civil and military law enforcement agencies including CAF and its personnel where invited shall be given the fullest protection of law to discharge their mission of restoration of peace in an enabling environment within the parameters of part V of the Constitution. Moreover, it states, every possible state instrument and resource will be deployed to defeat and frustrate all or any nefarious attempt to create disorder in the people’s peaceful life and living. “The writ of the state shall be restored with the full might of the law; those who pursue the fruits of terror and fear, regardless of nationality, colour, creed or religion, shall be treated as enemy aliens and dealt with strictly without any compunction.” Similarly, the ordinance said, the cancer of syndicated crime in all its forms and manifestations shall be responded by proportionate use of state force under the law. “Joint investigation teams shall be constituted to conduct investigations by security agencies and police in all heinous crimes committed inareas where CAF are invited to aid civil power.” Furthermore, it said, separate police stations will be designated for professional and expeditious investigations of specified crime, prosecuted through federal prosecutors. “Special federal courts shall be designated to render inexpensive justice with promptitude as mandated by article 37. Those involved in syndicated crime shall be relocated in rest of the country for transparency and fair trial under an environment from hostage culture.” The ordinance further maintained that judicious but effective use of preventive detentions shall be made in cases involving serious crime by clever gangs and mafias. “The millions of non-Pakistanis on our soil for any reason including distressful conditions in their parent country, especially those since 1979, shall not be allowed to abuse the temporary liberty to commit depredation.” Moreover, it said, their local collaborators including handlers and facilitators, landlords providing unreported accommodation and protection shall not be spared from the reach of iron hands of law. Special jails shall be designated to detain hardened criminals. Another significant feature of the ordinance is that most offences included in the schedule are already included in the offences specified and defined in extant Pakistan Code and Provincial Codes, e.g. Offences against the ‘State’ as defined in article 7 of the 1973 Constitution punishable under chapters VI, VII, VIII and IX of the Pakistan Penal Code 1860, Pakistan Arms Act, or Foreigners Act 1946 etc; however minimum quantum of punishments is now re-determined at 10 years.

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