ISLAMABAD: The government’s key bill to “curb violent extremism” faced massive resistance in the Senate Sunday from the opposition as well as the ruling coalition partners, even the PMLN senators, forcing Chairman Muhammad Sadiq Sanjrani to drop it.
The proposed bill defined violent extremism as acts of incitement, support, threats and the use of violence and hostility stemming from political, religious, sectarian, or ideological beliefs. It also encompasses financing and protecting individuals or groups engaged in violent extremism, all of which will be prohibited by law.
Under this bill, violent individuals and those involved with violent organisations, including leaders, officials, and workers, may face detention spanning from 90 days to 12 months. However, the aggrieved person will retain the right to appeal to the high court.
The recent blood-curdling issue of torture of a girl in Islamabad, allegedly unleashed by spouse of a judge, was referred to the House standing committee concerned.
The proposed piece of legislation was billed as the last nail in the coffin of democracy and also designed to target a specific political party after, on behalf of Interior Rana Sanaullah, State Minister for Law Senator Shahadat Awan introduced the bill, “The Prevention of Violent Extremism Bill 2023” in the House. The chair said the bill will now be taken up on Wednesday.
According to the bill, a copy of which is available with The News, those calling on others to show or use force, propagating and publishing extremist material, using all kinds of media for radicalisation or manipulating people’s beliefs, or provoking sectarian strife would be guilty of violent extremism.
PTI lawmaker Humayun Mohmand alleged the bill was designed to target his party and to bar it from taking part in the upcoming general election and said that he did not know why the bill was being tabled on Sunday.
He remarked, “Is there an emergency in Pakistan that we come and do this on Sundays, on public holidays. Rana Sanaullah wants to target the PTI. All allies of the government are protesting against it as it will have far-reaching consequences. It will be better to impose martial law or partial law”.
Irfan Siddiqui of the ruling PMLN rose to point out that as a member of the ruling party, there was perhaps a compulsion that they would vote for the bills and they would do so. However, he was quick to say the prevention of violent extremism bill covered “vast areas”.
He explained that the bill had 33 articles and over 100 sub-clauses, adding that these were applicable to all, including politicians and the common man. He also contended the bill did not come from the NA and had come directly to the Senate.
“After coming to us directly, it is our responsibility to thoroughly look at it before sending it to the NA. We agree with its aims and objectives but we fear that if this bill is approved as it is without going to the committee, then it may perhaps be difficult to escape from its clutches in future, as it imposes curbs on fundamental rights,” he warned.
Senator Irfan emphasised if such legislation was passed by following the due procedure, then it would only add to its credibility.
Minister for Climate Change Sherry Rehman, however, tried to defend holding of Sunday’s session and said that in the past sessions had been called on Sundays and Saturdays.
She also commented on the statements made by other parliamentarians questioning why the bills on the agenda were not being referred to the relevant committees. “Perhaps, they don’t know that when the National Assembly completes its term, the bills that originate from there, the rule is that they become infructuous the day the assembly’s term ends.”
Sherry said that the Senate could also introduce amendments to bills after the assembly’s term ended, conceding no one likes hasty legislation.
“The government can decide whether it wants to pursue this bill or not [...] but for now, I am dropping it,” the Senate chairman said, expressing his concerns over the bill.
The senators also complained that such decisions are made at the behest of just two political parties, PPP and PMLN, without any consultations.
Senator Kamran Murtaza and Senator Abdul Ghafoor Haideri of the Jamiat Ulema-e-Islam Pakistan-Fazl announced their opposition to the bill one after another.
Haideri questioned the Senate chairman on the session being called on Sunday, adding whether approval of the bill was the motive. But Sanjrani said the day was already decided.
Jamaat-e-Islami’s Senator Mushtaq Ahmed said the bill was aimed at defeating political parties and democracy. “This bill will be the last nail in democracy’s coffin.”
The proposed bill draft defined violent extremism as acts of incitement, support, threats, and the use of violence and hostility stemming from political, religious, sectarian, or ideological beliefs. It also encompasses financing and protecting individuals or groups engaged in violent extremism, all of which will be prohibited by law.
Under this bill, violent individuals and those involved with violent organisations, including leaders, officials, and workers, may face detention spanning from 90 days to 12 months. However, the aggrieved person will retain the right to appeal to the high court.
“....the state is committed to further strengthening the legal mechanism to counter promotion and propagation of acts of violent extremism and provide for mechanism for de-radicalisation and rehabilitation of affected persons,” the draft bill, a copy of which is available with Thenews.com.pk, reads.
It is necessary to provide for a mechanism to prevent violent extremism and for matters connected therewith and ancillary thereto, it added.
Following the bill’s approval, the government can add a person or organisation to lists 1 and 2 on violent extremism.
Meanwhile, violent organisations and persons on the lists will not be allowed to participate in the elections as a result of this bill. At the same time, no financial institution will provide financial support to its leader, member, or official. As per the proposed draft bill, the act shall be called the Prevention of Violent Extremism Act, 2023; it will be applicable across Pakistan.
Those added to the first list of the bill will include an organisation involved in violent extremism and whose leader is violent or the organisations resurfaces with a changed name.
While those in the second list will comprise persons involved in violent extremism, is part of a violent organisation or its leader, or provide financial support to the violent organisation.
As per the draft bill, the government will restrict media access or publication of violent individuals and organisations.
The draft bill mentioned that there would be restrictions on a violent person or leader of a violent organisation. Apart from this, the government will also investigate the assets of violent outfit.
The arms license of leaders, officials and members of the violent organisation will be revoked, as per the draft bill, while their assets, properties and bank accounts will be frozen. Meanwhile, their passports will be confiscated, and they will not be allowed to travel abroad.
On the other hand, the government will either direct the violent person to leave or stay in an area. It will also probe into the assets of the violent person, their family, siblings, and relatives.
The government may re-evaluate the removal of a violent organisation or institution from the list, depending on their behaviour. The affected organisation or individual shall file an application before the review committee within 30 days, but if the application is rejected, an appeal shall be filed in the high court.
The department concerned can, meanwhile, remove the person or organisation from the list at any time. After delisting, the activities of the violent individual or organisation as well as its leader, officials, and members, will be monitored for six months, with chances of the duration being extended.
The government will establish a de-radicalisation centre for the rehabilitation and de-radicalisation of violent individuals. It will also establish a research centre to counter violent extremism.
On the other hand, educational institutions will immediately report acts of violent extremism to the government and will not allow any person to engage in or promote violent extremism.
According to the bill’s draft, no public servant will allow themselves or their family to be involved in violent extremism. Violent extremist content will be immediately removed or blocked from social media, it added.
The punishable offense shall be triable by the session court and will be non-bailable, cognisable, and non-compoundable.
The matter will be investigated and inquired by the police or any other department. A person guilty of violent extremism will be punished for three to 10 years and fined up to Rs2 million.
A person who violates this law will be imprisoned for one to five years and fined up to Rs1 million. An organisation involved in violent extremism will be fined Rs5 million, and it shall be dissolved as a result.
An organisation that violates the law will be fined up to Rs2 million, while the property and assets of the individual or organisation will be confiscated upon conviction.
A person found aiding or abetting or being complicit in violent extremism will also be liable to imprisonment for a term, which may extend to ten years, and fined Rs2 million.
A person harbouring the one who commits an offense shall also be liable to imprisonment and a fine, while a person providing information or assistance to the government will be protected.
However, the Senate unanimously approved the Toshakhana bill, which proposes penalties for officials who hide state gifts instead of declaring and depositing them in the Toshakhana, the repository for such gifts.
The bill was presented by State Minister for Law and Justice Shahadat Awan during the Senate session.
The amendment states that anyone who breaks the rules outlined in Section 3 or any related rule will be fined an amount equal to five times the market value of the gift. If the person is a government servant, they may also face departmental proceedings as per the applicable laws and rules.
The Toshakhana is an administrative facility under the Cabinet Division, responsible for safeguarding valuable gifts given to rulers, parliamentarians, bureaucrats and other officials by foreign leaders and dignitaries.
According to the statement of objects and reasons, the bill aims to address statutory loopholes in the existing procedures.
Senator Bahramand Khan Tangi previously introduced a private bill on this subject, with detailed provisions about gifts and the Toshakhana.
The government lauds its efforts and believes that the bill should provide basic principles clearly, leaving further details to be managed through rules framed as per Article 98 of the Constitution. The bill seeks to achieve these objectives. The bill will become law after getting approval from President Dr Arif Alvi.
