ISLAMABAD: Although the controversial Protection of Pakistan Ordinance (PPO) completed its extended life on Saturday, the government and the opposition have yet to reach an agreement on its extension or otherwise.
After its failure to get the PPO passed from parliament within the constitutional time limit, the government had sought an extension of 120 days through a resolution in the National Assembly on Feb 6. That period expired on Saturday.
Law experts say that since the ordinance has not acquired the shape of an act even within the extended period, it is no more effective.
Law Secretary Barrister Zafarullah Khan agreed that the ordinance would no more be effective after completing its constitutional life, but claimed that the government and the opposition had reached an understanding and the bill would soon be passed by the Senate.
He claimed that there would be no legal crisis after lapsing of the PPO, as the law would be made effective retrospectively through the bill whenever it would be passed by parliament.
Barrister Zafarullah said the government had agreed to include almost all the amendments to the PPO suggested by the opposition parties.
He said at least 12 amendments had been accommodated in the bill that would be presented in the Senate through the standing committee concerned over the next few days.
However, the PPP’s Parliamentary Leader in Senate Raza Rabbani said that although progress had been made in talks with the government, no understanding had been reached between the two sides on the PPO.
He said Minister for Science and Technology Zahid Hamid, who was leading the government team, was out of the country and another round of talks was expected after his return.
The PPO was promulgated by President Mamnoon Hussain in October last year.
The president issued another ordinance with amendments to the original PPO in January.
The opposition as well as coalition partner JUI-F rejected both the ordinances, saying their various clauses were against the fundamental rights of the citizens.
The government managed to get the ordinances adopted by the National Assembly in the form of bills in April amidst opposition’s protest, but it failed to get it through the opposition-controlled Senate.
Senator Rabbani claimed that the amended PPO also had no legal standing when the parent ordinance had become ineffective. The PPO (Amendment) Ordinance was granted an extension of 120 days by the National Assembly through a resolution on May 14.
Two specific provisions of the PPO providing for detention of up to 90 days without the whereabouts of accused known to even the courts and powers for law enforcement personnel to shoot at people on mere suspicion were seen by the opposition as an attempt to give legal cover to enforced disappearances and extra judicial killings.
The PPP leader said the bill had been bulldozed through the National Assembly and his party would not let the government repeat this in the Senate.
Describing it as a black law, Mr Rabbani said it was against the fundamental rights to give unbridled powers to the law enforcers.
The amended PPO had also empowered the government to transfer any under trial case from any court to the special courts to be set up under the controversial law. The ordinance allows special courts to hold in-camera trial of the accused detained by the security agencies.
An amendment to Section 9 of the PPO 2013 has authorised the government and the civil and armed forces to withhold information about location of a detainee or accused and the detention centre. Under the new ordinance, the government is also not bound to disclose the reasons for detaining a person.
Published in Dawn, June 8th, 2014