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Old Thursday, October 18, 2012
Ahmed Faisal's Avatar
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Default Accountability and Fair Trial Bills.

Accountability and Fair Trial Bills.


Parliament is virtually the only place where different laws, rules and regulations have been enacted and repealed. So do the parliament of Pakistan. Few days before. Government tabled the Accountability Bill for the passage through the parliament. As per this Bill, public office holders would be exempted from the accountability in the name of good faith. This bill has anything but clear cut meaning. In fact, this bill can prove fatal if not vetted properly.

Similarly, the second bill set to be tabled in order to permit the security apparatus that the communication the militants and extremists are using could be intercepted and would be presented before the court of law as evidence. Apparently, this bill seems to drag the culprits through the court. On the other hand, it is grossly infringing on the people’s right of freedom. Government is not ready to drag there heel in. the only reason that why these two bills have not been passed is the impasse between PPP and PML-N on the issue that who will head the national accountability commission, the SC judge or a retired one. In reality, this should not have been an issue on which the bills delayed.

The bills, accountability and fair trial, seems not to work unless its ostensible aims are made public. Another thing is that, the fair trial bill, intentionally or unintentionally, limits the freedom of people and is being consider a gross overreach. It can be wreaking havoc on the constitution if not scrutinized rightly. The good example is the Action (in Aid of civil power)regulation 2011 for Fata and Pata which were promulgated by the president in an attempt to ease the problem of illegal detention of extremist and suspects captured during the military operation in the Northern areas of the country. But, unfortunately, this regulation was used to incarcerate the adiala 11.

Arguably, Bill may work if being considered in good faith. Due consideration of the bills are the crying need for the betterment of our constitution. Initially, it would be better to apply fair trial bill to northern areas. Moreover, the question which raised its head is that why the public holders would be out of the purview of accountability?

Conclusively, parliament should be very conscientious before grappling with such complex matter so as to keep the democratic process on track.
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