• Interior secretary empowered to lodge complaints
• Opposition lawmaker says govt intent will be clear in a few days

ISLAMABAD: A day ahead of the Lahore rally that the opposition is holding ignoring a terror threat alert and the worsening Covid-19 situation, the federal government has decided to act swiftly against sedition and incitement to disorder.

Informed sources told Dawn on Saturday that the cabinet under the provision of Section 196 of Criminal Procedure Code (CrPC) had authorised the interior secretary to lodge complaints on behalf of the government in case of `commission of an offence against the state’.

An official told Dawn that all offences against the state were tried under Section 196 of CrPC and if mandatory condition for the exercise of jurisdiction was not fulfilled, then the entire proceedings that followed would become coram non judice.

Section 196 of CrPC reads: “No Court shall take cognisance of any offence punishable under Chapter VI or IXA of the Pakistan Penal Code (except Section 127), or punishable under Section 108-A, or Section 153-A, or Section 294-A, or Section 295-A or Section 505 of the same Code, unless upon complaint made by order of, or under authority from, the Central Government, or the Provincial Government concerned, or some officer empowered in this behalf by either of the two Governments.”

A three-member bench of the Supreme Court headed by the then chief justice had held that the federal government meant the federal cabinet. Consequently, each and every decision, even of administrative nature, is sent to the cabinet for approval.

“Now in case of offence against the state, a complaint will be lodged by the interior secretary on behalf of federal government and there will be no need to send a summary for the cabinet’s approval each time,” the official said.

He explained that this was delegation of power and not any amendment to CrPC.

When contacted, a lawmaker from the opposition said the government’s intent would be clear in next few days and hastened to add that the way in which the cabinet had approved the summary without a formal meeting raised questions.

Officials however said it was just a procedural thing meant to ease the process.

Offences against the state include waging or attempting to wage war or abetting waging of war against Pakistan, (Section 121 of the PPC), conspiracy to commit offences punishable by Section 121 (S.121-A), collecting arms etc., with intention of waging war against Pakistan (S.122), concealing with intent to facilitate design to wage war (S.123), defiling or unauthorised removing the national flag from a government building etc. (S.123-B), assaulting president or governor of any province with intent to compel or restrain the exercise of any lawful powers (S. 124), waging war against any power in alliance with Pakistan (S. 125) and sedition (S. 124-A).

Section 124A of the PPC, seen by many as a relic of colonial era criminalises words/expression which “brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection” towards the government.

The section which relates to offences of sedition reads: “Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the federal or provincial government established by law shall be punished with imprisonment for life to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.”

In June this year, a bill seeking omission of Section 124-A of the PPC had been tabled in the Senate by PPP Senator Mian Raza Rabbani.

The veteran senator noted that this section was a part of the inherited colonial structure of the British rule, which continued in Pakistan, and it had been in use to control those who incited rebellion against the masters.

“This law served as brutal occupying force and it is being used to crush the political dissent and ensure unquestionable obedience,” he said while speaking on the bill.

Mr Rabbani stressed that the relationship between the rulers and the masses now was not of the master and servant, as was the case during the colonial rule.

Published in Dawn, December 13th, 2020