Bill proposes 3-year jail term for ‘unlawful’ assembly in ICT

ISLAMABAD: A bill was moved in the Senate on Monday, seeking to empower the district magistrate to regulate and ban public assemblies in the federal capital, which was rejected outright by the opposition as the PTI-specific.

The proposed law prescribes a punishment of up to three years or/and an unspecified fine to the members of an ‘unlawful assembly’, and that whoever having been convicted by a court in Pakistan of an offence punishable under this Act with imprisonment for a term of three years or more, would, for every subsequent offence, be liable to imprisonment for a term that may extend to 10 years.

The bill says the first class magistrate would have the jurisdiction to try an offence cognizable under the law. Chairman Senate Yusuf Raza Gilani, agreeing to a proposal by Leader of Opposition Syed Shibli Faraz, who expressed strong reservations, and called the bill Pakistan Tehreek-e-Insaf-specific without an iota of doubt, referred the bill to the standing committee on Law and Justice with a direction to present a report within two days.

PTI parliamentary leader Syed Ali Zafar called the move mala fide and against the principles of Constitution that no person-specific law could be enacted; otherwise, it would be seen as mala fide intention of the Parliament.

The local administration had given permission to the PTI to hold a public meeting on Sept 8, whereas the bill was introduced in the House by Pakistan Muslim League Nawaz (PMLN) parliamentary leader Irfan Siddiqui, and it was backed by the Pakistan People’s Party (PPP), Balochistan Awami Party (BAP), Muttahida Qaumi Movement-Pakistan (MQMP) and Awami National Party (ANP) lawmakers.

The bill titled ‘Peaceful Assembly and Public Order Bill, 2024’, after it goes through the laid down procedure, would require the event coordinator of an assembly to apply in writing to the district magistrate at least seven days before the intended date of the event.

According to the text of the proposed law, upon receipt of application, the district magistrate, before granting permission, would examine the prevailing law and order situation and obtain security clearance reports from the law-enforcement agencies.

The proposed law seeks to empower the government to designate a specific area of the Islamabad Capital Territory (ICT) as a red zone or high security zone, thereby prohibiting all types of assemblies in that area. It defines an assembly as ‘any public or political gathering, rally, sit-in or procession of more than 15 persons in or on any public road or any other public place or premises, wholly or partly open to the air.

Likewise, according to it, a district magistrate would not permit any assembly in any area other than the defined, designated area and that the assembly would proceed and take place at the specified locality or route, in the manner and during the times mentioned in the permission.

Whereas, the bill says a district magistrate would have the authority to impose a ban on any assembly within the ICT, if: (a) the assembly poses a risk to national security or public safety; (b) there are credible reports from law-enforcement agencies indicating a substantial risk of violence or public disorder; (c) the assembly would significantly disrupt the daily activities of the community, impede the movement of people and goods, or infringe upon fundamental right of citizens with regard to freedom of trade, business or profession guaranteed under Article 18 of the Constitution; or (d) another procession or assembly is already ongoing within the ICT, and the additional assembly would increase disruptions or pose additional security risks.

The bill says the ban on assembly under the proposed law would remain in force for the duration specified by the district magistrate, which may be extended if the conditions necessitating the ban persist.

“An officer-in-charge of a police station, on the instruction of the district magistrate, may command any assembly likely to disturb the public peace to disperse. It shall then be the duty of the members of such an assembly to comply and disperse accordingly,” it reads.

The bill says, “If, upon being so commanded under sub-section (1), any such assembly does not disperse or if, without being so commanded, it conducts itself in such a manner as to show a determination not to disperse at the scheduled time, any officer-in-charge of a police station may proceed to disperse such unlawful assembly by force and, if necessary, arrest and detain the members of such unlawful assembly”.

Earlier, PMLN parliamentary leader Irfan Siddiqui sought leave of the House to introduce the bill while Law Minister Azam Nazeer Tarar said that already legislation had been done in many cities, and Lahore was one, where a stricter law had been passed on the orders of the LHC.

He called the proposed law as benign and innocent to ensure order and safety of people and regulate public meetings. He added that every now and then, different groups come in and stage sit-in on their own accord and affect the public life.

The minister said issues of human rights are raised, if they are moved away; therefore, it is necessary to regulate such activities and designate some places for such purposes. Responding to the opposition senators’ viewpoint, he said the apprehensions were misplaced, adding laws did exist in every country and region to regulate political and other groups’ activities and facilitate public life.

He recalled how people had poured into the federal capital in 2022 and how fire was ignited here. He said the bill was positively prepared by members from different parties in the House and it contained no horrific provision. He dispelled the impression it was any party-specific, urging for taking sense of the House.

Strongly opposing the bill, Shibli Faraz termed the bill mala fide and noted there was no doubt it was PTI-specific. “We make law and let the administration designate the place. In the first place we totally reject but why not mention place as well in it. The rulers have twisted the law and constitution as per their wish,” he charged.

He called the government based on a fake mandate lacking public support and asserted how could they be trusted given their track record. Shibli said they would not accept any such law by an artificial and manufactured majority.

“The law minister should have rejected it to prove his credentials. In the worst case scenario, the bill be referred to the standing committee of the House,” he said. Parliamentary leader of PTI Ali Zafar pointed out that the basic principle of the constitution is that no person-specific legislation could be done, and if done, it would be based on mala fide intention. “This bill is PTI-specific to send the party out of Islamabad. We oppose it and it will be construed as the Parliament’s mala fide intent,” he charged.

Responding to the opposition members, Senator Irfan Siddiqui explained the Parliament could not snatch right of the executive by fixing places for political events, leaving it to them to decide.

Earlier, the House rejected by a majority vote a bill seeking to make graduate degree a mandatory requirement to contest polls for the parliament and the provincial assemblies. It was moved by PTI’s Fawzia Arshad.

A bill seeking to protect the rights of divorced woman also landed in the House and was referred to standing committee concerned with the direction to seek opinion of the Council of Islamic Ideology. The bill was moved by PTI parliamentary leader Ali Zafar, who said at least 12 Islamic countries had such laws in force, which would ensure right protection of women, after they are divorced.