Senator Mushtaq Ahmed Khan submits Constitutional Amendment Bill in Senate for stopping forced disappearances of citizens

ISLAMABAD, April 26 (SABAH): Jamaat-e-Islami Pakistan leader Senator Mushtaq Ahmed Khan has submitted Constitutional Amendment Bill in the Senate of Pakistan for stopping the forced disappearances of citizens. The amendments have been proposed in Articles 9 and 10 of the Constitution.

The bill states that “Forced Disappearance” through Intelligence Agencies or otherwise has taken form of State terrorism. Hundreds of Pakistanis are allegedly kept in the custody of State Agencies without any opportunity of being heard at any judicial forum; while their families never know anything about their loved ones. Recently some very violent incidents have occurred, the tales of which goes to agencies.

The bill states that the Intelligence and ‘Law Enforcing’ Agencies have been misusing the provisions related to Preventive Detention in the Constitution of Pakistan, which are undoubtedly meant for exceptional circumstances.

The bill states that in view of above said situation and to guarantee Human Rights to every citizen of Pakistan, it is necessary to cut short the powers of Intelligence Agencies in case of preventive detention to a reasonable limit and ensure the right of fair trial for every person detained.

The bill further states that this Bill proposes to reinstate the maximum duration of “one month” for preventive detention without being heard, as it was in the original text of the Constitution of Pakistan, 1973, before Third Constitutional Amendment made in 1975, that had increased this period to “three months”. Similarly, the Bill seeks the detained person to be informed of the charges against him “as soon as may be, but not later than one week”. Third Constitutional Amendment had increased such limit to”fifteen days”.

The bill further states that this Bill binds the detaining authority to establish contact between the detainee and his family within one week after his detention; as it obligates the presentation of such person before competent judicial authority within a maximum period of ‘one month’ for his defense. Presently the expression of “the earliest opportunity” being vague it widely misused by the state agencies.

The bill further states that the Bill proposes that the Review Board shall consist of sitting judges of superior judiciary to ensure complete transparency and impartiality. It also seeks to abolish the illogical practice of non-disclosure of facts and non-production of relevant documents before the Review Board constituted by the High Court or Supreme Court under the Chairmanship of a serving member of superior judiciary.

The bill further states that in case, a person is detained without affording him the opportunity of fair trial and without informing his relatives of any of his rights is infringed, the authority making order of the preventive detention and persons carrying out such illegal order should be deemed to have committed the offense of abduction or wrongful confinement and shall be tried in the Court of law.

The bill further states that through addition in Article 9 of the Constitution of Pakistan, handing over Pakistani citizens to foreign countries without permission of the High Court of the province concerned is sought to be prohibited. This proposal is aimed at abolishing the shameful practice that has brought bad name to the country as it has irreparably damaged the dignity of Pakistani nation.

The bill further states that this Bill seeks to achieve the above-said objective.