AoA

Controversial Fair Trial Bill has been passed by the National Assembly, after passing by the Cabinet a couple of months ago and last week being passed by National Assembly Standing Committee on Law & Justice.

The Bill will authorize the law enforcement agencies and security/intelligence agencies to intercept telephonic calls/private communications in order to arrest terrorists. It has also been argued by many including MQM and PML N that the law may also pose a threat to people’s privacy and civil liberties and it can be used by security agencies for political motives.

In current scenario, what could be the benefits of such a law? what are the main points of said Bill? what are important clauses of the law and its results?? If anybody can enlighten on these issues?

W/S... Yup I too read about it in papers. the text you may find in the below link.

http://www.na.gov.pk/uploads/documen...757295_711.pdf

As far as its ambiguous validity is concerned my personal view is that it is the need of time, of course with slight modification and a secure check regarding its conduction of tasks. It should be made sure that it would not be used for black mailing purpose. However, using of modern technology is the only way with which we can curtail the terrorist acitivites. who knows, CIA, by virtue of Facebook, is registering some of our very personal things... A point to ponder...

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Khuda Rakhay Salamat lazzat e Zauq e Tajassus ko,
Milay Manzil to katra ker guzar jaon ga Manzil say..

AoA

Thanks got its softcopy.

Yes it may be need of the day to have such law, but i read that as saying of many legislatures/analysts, this power should not be given to all law enforcement agencies because some of them may be starting tapping phones for blackmailing people. Our police/FIA etc are having a great number of wolves in sheep clothings who will get another chance of making money through this!

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'Thee woh ik shakhs kay tasawar saay - abb woh ranayee khayal kahaan'

Made a general reading of this Bill. One of the provision, which got attraction is;

Chapter 9, Section 35 No warrant against Members of Parliament or a Provincial Assembly.- No warrant shall be applied for or issued in respect of any Member of the Parliament or a Provincial Assembly, unless the same is permitted by the Speaker or the Chairman Senate, as the case may be.

This may not be too effective or helpful for curbing terrorism etc, but this will provide a good support to LEAs/Security Agencies to present the proofs in the Court of Law for proper trial of accused people and hope this will be helpful for the Courts to decide the matter on merits by considering the proofs against the cuplrits.

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'Thee woh ik shakhs kay tasawar saay - abb woh ranayee khayal kahaan'

Hard times require hard Laws.

Hamian ya karwa ghont peena paray ga.

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/// Aur be ghum hain zamanay main muhabat kay siwa ///

Indeed, such laws are the need of hour; and we should take every possible step to curb the menace of terrorism which has penetrated in the very roots of our social fabric. However, it must also not be denied that such laws may create immense imbroglio. Looking at the grave practices being carried out in our societies and the way in which laws are being used for some exorbitantly wishful people, this law may create considerable mess, if not handled sensibly. Now, the responsibility rests on the shoulders of those who are at the helm of affairs to utterly ensure that such laws are not misused by a handful of elite to fulfill their personal motives, while leaving a large chunk of society insecure.

AoA

An aspirant has made some points taking another view of this law, sharing for information.
Instead of making any good, it may create lot of troubles and problems for enforcement of law and curbing the menace of terrorism /militancy. Following may be some of such issues:

i). There is no designate central authority for the purpose. All of law enforcement agencies and security agencies are not having same mandate and scope. Some have very limited area to work while others have very broad spectrum covering aspect of moreorless all other organizations.

ii) Many organizations may try to link up the same individual and will start working on it, which will be loss of time money and resources with lot of predators hounding on a single rat. ! Tussle will ensue between predators.

iii). We all live in a society where corruption is one of the norm. Politicians are no good to it and they not only harbour corruption but also militancy/bandits/thieves/assasins. The main gathering place of politicans are Provincial Assemblies/Parliament, they have got a provision in the law that nothing can be against them without approval of Speaker/Chairman Senate, who will give surety for his/her impartiality when he/she is from the same class from some political party etc!

iv). Worst institutions in terms of corruption/bad work/poorly managed institutions are our judiciary and law enforcement systems. If these two institutions start working rightly then many problems will be resolved. Who will give guarantee that they will remain impartial and will not start selling informations to accused persons and he will be carefull, make other email account or get other sim etc.!

v). This will increase the workings of many organizations. There is a term in management, Cost & Benefit Analysis, perhaps if such analysis is made then the result will be too bad.

Regards

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'Thee woh ik shakhs kay tasawar saay - abb woh ranayee khayal kahaan'

You made a sensible analysis of the issue. Many experts are too hurling the same threats. The potential misuse of this law is undeniable. But at the same time, this law can solve a lot of law and order problems, if implemented exactly upon the declared agenda. What representatives of nation have to do is to make all necessary arrangements to put a check on those who are likely to be entrusted with responsibility to handle the affairs of intercepting the communication of masses. There must be clear cut explanation to the public that why is it so crucial to have such a law. The authority should be allocated to a limited number of organisations with fair and competent record. Accountability of those responsible is of paramount essential.

In the nut shell, keeping in view the present scenario of country the law is more than necessary, but its misuse may further aggravate the already deteriorated situation.

I, cent per cent, agree regarding wolves in sheep clothings, that's why I initially inserted the words that with slight modification and a secure check,,,, well more frankly speaking I would like to add this power should be delegated only to INTELLIGENCE AGENCIES not to all LAW ENFORCERS AND INVESTIGATORS..

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Khuda Rakhay Salamat lazzat e Zauq e Tajassus ko,
Milay Manzil to katra ker guzar jaon ga Manzil say..

FUlly agreed. But intelligence agencies cannot be bridled and controlled easily by the politicians so so so ............

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'Thee woh ik shakhs kay tasawar saay - abb woh ranayee khayal kahaan'