ISLAMABAD: A Senate committee approved on Thursday drafts of two significant constitution amendment bills, one of them envisaging ban on the holding of dual nationality by judges, armed forces personnel and government officials.

The other bill approved by the Senate’s Standing Committee on Law and Justice, headed by Kazim Khan of the PPP, seeks extension in the jurisdiction of the superior courts to the tribal areas.

Take a look: NA panel rejects provision for dual nationality MPs

The committee passed a strong “Anti-Rape Laws (Criminal Laws Amendment) Bill 2014”, moved by PPP’s Sughra Imam seeking to ensure speedy justice to rape victims and suggesting stern punishment for the culprits, including police officials and public servants, if the crime is committed while the victim is in custody.

Senate committee also endorses bills ensuring speedy trial in rape cases and extending courts’ jurisdiction to Fata

The bill seeking amendments to Articles 177 and 193 of the constitution states that no dual nationality holder can become a judge of the Supreme Court or high courts.

“A person in the Service of Pakistan shall not hold dual nationality or citizenship of any foreign country,” says another amendment suggested in Article 240, barring government officials and armed forces personnel from holding dual citizenship.

The bill, however, says that dual nationality holders can be eligible to become judges or join civil or armed services “if they renounce the same within 60 days of the coming into force of this act”.

The bill was moved by the PPP’s Raza Rabbani and Sughra Imam in the Senate on Jan 6 last year in the backdrop of a controversy after refusal by the registrars of different superior courts to provide details about the judges holding dual nationality in response to questions raised by Senators from time to time.

There is already a ban on holding of dual nationality by the personnel of armed forces under the military rules. But after its passage, the bill will put a constitutional bar on them as well.

ANTI-RAPE LAWS: The committee also approved an important bill seeking to amend various sections of the Pakistan Penal Code 1860, the Qanoon-i-Shahadat Order 1984 and the Code of Criminal Procedure 1898 to ensure speedy trial in rape cases and suggesting punishment for disclosing the identity of the victims.

“Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an offence under section 376 is alleged or found to have been committed (victim) shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine,” says the bill.

It also bars publishing of court proceedings “without the previous permission of such court”, suggesting two-year imprisonment for those who violate this section.

The bill suggests capital punishment for police officials or other government officials found involved in raping women in their custody.

It calls for immediate medical examination and DNA test of a rape accused and medical examination of a rape victim “within 24 hours from the time of receiving the information relating to the commission of such offence”.

Calling for an in-camera trial, the bill binds courts to decide rape cases in six months.

It suggests three-year imprisonment for a “public servant” for failing “to carry out the investigation properly or diligently or failing to pursue the case in any court of law properly and in breach of his duties”.

COURTS’ JURISDICTION: The committee unanimously approved another constitution amendment bill, moved by the PPP’s Farhatullah Babar, seeking to extend jurisdiction of the Supreme Court and the high court to tribal areas.

The bill seeks to delete clause 7 of Article 247 of the Constitution which bars superior courts from enforcing fundamental rights of the people of tribal areas.

The statement of objectives and reasons of the bill states that under Article 1 of the Constitution, “the Federally Administered Tribal Areas (Fata) also constitute the territory of Pakistan and its people (are) entitled to the same protection of fundamental rights as are guaranteed to the people of other parts of the country.”

It says: “Article 247(7) acts as a grave impediment in the way of tribal people in securing their fundamental rights and thereby in their integration and mainstreaming, it needs to be deleted.”

It says strident voices have been raised from time to time by the people of tribal areas for extending the jurisdiction of Supreme Court and the high court to Fata.

The Khyber Pakhtunkhwa Assembly had unanimously adopted a resolution in 2012, urging the president and the federal government “to ensure that the people of Fata also fully enjoy the protection of and equality before the law as inalienable right of every citizen”.

Moreover, it says, the Peshawar High Court (PHC) in its judgment last year had advised parliament to amend the constitution to enable the Fata people to invoke jurisdiction of the PHC or the SC in case of infringement of their fundamental rights.

Similarly, lawyers’ associations, including the Supreme Court Bar Association, have also been raising their voice in support of deleting clause (7) of Article 247 of the constitution.

Talking to Dawn after passage of the bill, Mr Babar said the Senate had also unanimously passed a resolution in this regard. The All Parties political Committee on Fata Reforms had adopted an 11-point agenda, the foremost being a call to amend Article 247.

He said it was now a test case for the government, political parties and parliament to get the bill passed. He expressed the hope that the bill would not be opposed from “behind the scenes” by those who were averse to reforms in Fata.

Published in Dawn, February 20th, 2015

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