May 9 report seeks amendments to laws, Constitution

ISLAMABAD: The caretaker government’s report on May 9, which was discussed by Shehbaz Sharif cabinet on Thursday, recommends amendments to the Constitution and several changes in various statutes to avert 2023 like PTI’s violent attacks on military installations, and make example of those who cross the redlines.

The report proposes an amendment to Article 8 of the Constitution as it precludes the application of fundamental rights to members of the armed forces, but is silent on precluding the application of fundamental rights to the likes of the attackers of May 9.

The report also sought inclusion of rioting at and damage to certain designated sites, including military installations, within the definition of terrorism. The report suggested changes in Pakistan Army Act, Pakistan Penal Code, Anti-Terrorist Act, Criminal Law Amendment (Special Court) Act, Defamation Laws, Maintenance of Public Order Ordinance, Criminal Procedure Code and Qadoon-e-Shahadat. The report proposed enacting laws on National Electronic and Cyber Crime Investigation and Authority.

Regarding constitutional amendment, the report recommended “Ministry of Defence and the Ministry of Law & Justice may study the implications of Article 8 of the Constitution. Article 8 precludes the application of Part-II of the Constitution on members of the armed forces. The Article, however, is silent on precluding the application of Part-II on those who prevent the members of the armed forces from performance of their duties and compromise the defence and security of the realm by attacking military installations and infrastructure. The Ministry of Defence may consider proposing to the Cabinet a suitable amendment to ensure balance in the application of Article 8”.

About the Army Act, the report proposed “The Ministry of Defence should carefully examine the Pakistan Army Act, 1952 to ensure it provides sufficient legal basis to address situations concerning security of defence installations and also consider such amendments that may be necessary for this purpose. The ministry may consult Law & Justice Division in this regard and submit a summary for the consideration of the Cabinet, if needed”.

The constitutional right of assembly and the democratic right to protest, according to the report, must not be allowed to be abused to cause damage to public infrastructure. To ensure security of state assets, the government may consider amending: (a) relevant provisions of anti-terror laws to include rioting at and damage to certain designated sites, including military installations, within the definition of terrorism; (b) the Pakistan Penal Code to include offences related to rioting at restricted places and damage to public property and infrastructure; and (c) Maintenance of Public Order Ordinance to include as an offense the unlawful assembly or rioting at prohibited/restricted premises.

The government may publish a list of prohibited and restricted premises to which such laws shall apply.

It also pointed out the present legal system is out of date with respect to electronic communications and requires reform. Accordingly, the government may consider amending (a) the CrPC to allow for delivery of notices and summons through electronic communication; and (b) the Qanoon-e-Shahadat Ordinance to allow for submission of electronic data in evidence in trials.

For an efficient conduct of trials, the report proposed the government may consider amending Criminal Law Amendment (Special Court) Act, 1976 to allow for trial in absentia for those accused of offences related to defence and military installations under Pakistan Penal Code and Maintenance of Public Order Ordinance.

Further the trial of offences under Maintenance of Public Order may be conducted by the special court constituted under Criminal Law Amendment (Special Court) Act 1976.

It also emphasised the media and social media must be regulated effectively. It suggested the parliament may consider debating a code of conduct for political parties and their social media cells. The legislation on defamation laws and social media crimes (against spreading divisive, hateful and false information as well as defamation of individuals and state institutions on social media) needs to be strengthened.

For such purposes, the elected government may consider enacting laws on National Electronic and Cyber Crime Investigation and Authority.