Thursday, September 21, 2023

Miscellaneous petition filed in the Lahore High Court against the Official Secret Amendment Act

Request to suspend the Official Secret Act until the final decision

Miscellaneous petition against the Official Secret Amendment Act was filed in the Lahore High Court, requesting the suspension of the Official Secret Act till the final decision of the petition.

Miscellaneous petition has been filed against the Official Secret Amendment Act in the Lahore High Court. The petition filed by Mohammad Maqsat Salim Advocate has been made a party to the federal government, the Federal Ministry of Law and the Interior.

The petition states that President Arif Alawi’s statement came out that he did not sign the Official Secret Act, the Act was not passed according to the correct procedure.

The petition also states that the Official Secret Amendment Act is extra -constitutional, under the Act, police and law enforcement agencies have been given unconstitutional powers, under which police or law enforcement agencies have any citizen. The house can be entered without warrants.

The petition states that under the new law, the arrested person is not required to be presented to the magistrate’s court, while Article Four to nineteen of the constitution protects the freedom and basic rights of citizens.

The petition has requested that the court revoke Article 2, 4 and 11 of the Federal Secretariat Amendment Act as extra -constitution, and that the order should be issued while stopping the implementation of the law till the judicial verdict.

It should be noted that the Gazette notification has been issued to form the Official Secret Amendment Bill and the Pakistan Army Amendment Bill, but President Arif Alawi denied the signing of the Official Secret Amendment Bill and the Pakistan Army Amendment Bill in a tweet yesterday. He said that I disagree with these laws, I told the staff to send the bill back but he dismissed the order.

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What is the Official Secret Act (Amendment) bill?
The bill proposes three years imprisonment and a fine of Rs 1 million for revealing the identity of sensitive institutions, informants and sources.

Section 6A (unauthorized identity) states that it would be a crime to disclose the identity of intelligence agencies, informants or sources against Pakistan’s law and order, security, interest and defense.

Which country will be considered a Kadmian?
Section 8A states that “enemy” states that ‘Any person who indirectly or indirectly, indirectly, agent, non -state actors, institutions, associations or groups aimed at Pakistan. You have to harm the interest and protection, work with it. ‘

According to Section 9, the same punishment will be punished for inciting crime, conspiracies or supporters in the crime.

The clause is declared controversial
However, a clause of the Official Secret Act Amendment Bill was termed as more controversial by observers.

The search warrant’s clause states that intelligence agencies can search for a person or place at any time without a warrant for a warrant, without a warrant, on suspicion of crime or crime.

FIA Options
The amendment bill also stated that the Federal Investigation Agency (FIA) officer will be nominated by the DGFIA for the investigation.

The DJFIA will have the option to make the JIT consisting of FIA and sensitive agencies officers in violation of the official secret act, but the FIA will have to complete the investigation within 30 days.

The evidence and the seizure of the goods
Intelligence agencies (IB and ISI) will be authorized to seize any kind of documents, maps, models, articles, notes, weapons or electronic devices and arrest the accused on suspicion.

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Electronic devices, data, information, documents or other materials obtained during the investigation and facilitated the crime will be presented as evidence.

Access to sensitive areas
Section 3 is named “crime” to “spying punishment”.

With minor amendments to current crimes, it has also added to the list of crime by drone cameras in the banned areas.

The Official Secret Act states that it would be a crime to plan for progress, admission or attack in the prohibited areas, and with the help of a “mand vehicle” or drone, reviewing the prohibited areas will be banned.

Under this, unauthorized access to any activity, documents, invention or weapons, etc., will be illegal.

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