Pakistan’s Senate Passes Official Secrets (Amendment) Bill

Sun Aug 06 2023
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ISLAMABAD: The Official Secrets (Amendment) Bill, 2023 was passed by the Senate on Sunday after the federal government withdrew controversial provisions in the amendment bill. The bill, which sought to amend the Official Secrets Act 1923, faced fierce opposition from both the opposition and treasury benches due to a key provision that granted intelligence agencies the power to conduct warrantless searches. However, the contentious provision was withdrawn before the bill’s passage.

Law Minister Azam Nazeer Tarar moved the bill on behalf of Interior Minister Rana Sanaullah and assured that the proposed law would empower the Federal Investigation Agency (FIA) to investigate suspects for violating the Official Secrets Act. He also mentioned that another amendment, which labeled a person as an “enemy” for engaging with a foreign agent, had been removed.

The bill was initially referred to the relevant standing committee by Senate Chairman Sadiq Sanjrani on August 2 after facing strong opposition during the upper house’s proceedings.

Opposition to Controversial Official Secrets (Amendment) Bill

Members of the Pakistan Tehreek-e-Insaf (PTI), Jamiat Ulema-e-Islam-Fazl (JUI-F), and the National Party were among those who opposed the bill. Senators Raza Rabbani of the Pakistan Peoples Party (PPP) and Afnan Ullah Khan of the Pakistan Muslim League-Nawaz (PML-N) also voiced their concerns regarding the proposed amendments to the Official Secrets Act 1923.

The Statement of Objects and Reasons of the bill highlighted the need to amend the Act to ensure the safety and security of official documents in light of the changing social milieu.

Section 3 of the amended bill stated that anyone intentionally approaching, inspecting, passing over, entering, attacking, destroying, or undermining any prohibited place would be committing an offense. It also covered the intentional creation of sketches, plans, models, or notes that could be useful to an enemy.

Section 9 of the bill addressed penalties for those inciting, conspiring, or attempting to commit offenses under the Act.

The investigating officer for cases under the Act will be from the FIA, appointed by the Director-General of the FIA. A joint investigation team may also be formed if deemed necessary.

Despite the withdrawal of the provision on warrantless searches, the amended bill represents a significant update to Pakistan’s Official Secrets Act and aims to strengthen the security of sensitive government information.

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