Protection of Pakistan Ordinance - Copy

8/10/2019 Protection of Pakistan Ordinance - Copy

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PROTECTION OF PAKISTAN ORDINANCE, 2013AnOrdinance

to provide for protection aain!t "ain of "ar aain!t Pa#i!tan and

t$e prevention of act! t$reatenin t$e !ec%rit& of Pa#i!tan'

()EREASit is expedient to provide for protection against waging ofwar against Pakistan, prevention of acts threatening the security ofPakistan and for speedy trial of offences falling in the Scheduleannexed to this Ordinance and for matters connected therewith orincidental thereto;

AND ()EREASpursuant to the directions of the Honble Supreme ourt incases of civil disturbance in different parts of the ountry, it has

become imperative to promulgate a law in order to give effect to suchdirections;

AND ()EREASthe Senate and the !ational "ssembly are not in Sessionand the President is satisfied that the circumstances exist whichrender it necessary to take immediate action;

NO(, T)EREFORE, in exercise of the powers conferred by clause #$% of"rticle &' of the onstitution of the (slamic )epublic of Pakistan,the President is pleased to make and promulgate the followingOrdinance*+

1* S$ort tit+e, etent and co--ence-ent*./1 T$i! Ordinance -a& eca++ed t$e Protection of Pa#i!tan Ordinance, 2013*

#% (t extends to the whole of Pakistan-

#.% (t shall come into force on such date or dates as the /ederal0overnment may appoint in this behalf and different dates may beappointed for different provisions of this Ordinance-

- 1efinitions-+ (n this Ordinance, unless there is anything repugnant

in the sub2ect or context,+

#a% 3"rmed forces4 means the 5ilitary, !aval and "ir /orces ofPakistan and the )eserves of such /orces;

#b% 3ivil armed forces4 means Police, /rontier onstabulary, /rontierorps, Pakistan oast 0uards, Pakistan )angers or any other civilarmed force notified by the 0overnment as such;


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#c% 3ode4 means the ode of riminal Procedure, $&'& #"ct 6 of $&'&%;

#d% 37nemy alien4 means a person who fails to establish hisciti8enship of Pakistan and is suspected to beinvolved in waging of war or insurrection against Pakistan or

depredation on its territory, by virtue of involvement in offencesspecified in the Schedule;

#e% 3Special ourt4 means the Special ourt established under section 9;

#f% 3Police4 includes all the police forces established by theProvincial 0overnments;

#g% 30overnment4 means the /ederal 0overnment;

#h% 3Prosecutor 0eneral4 means the person appointed as Prosecutor

0eneral by the 0overnment under this Ordinance;

#i% 3Prosecuting agency4 means a prosecuting agency established by the0overnment for the prosecution of offences falling under thisOrdinance;

#2% 3Schedule4 means a Schedule annexed to this Ordinance;

#k% 3Scheduled offence4 means an offence as set out in the Scheduleannexed to this Ordinance; and

#l% 3Special :udicial 5agistrate4 means the Special :udicial5agistrate appointed under section 9-

.- se of armed forces and civil armed forces to prevent scheduledoffences-+#$% "ny police officer, or member of the armed forces, orcivil armed forces who is present or deployed in any area may, onreasonable apprehension of commission of a scheduled offence aftergiving sufficient warning, use the necessary force to prevent thecommission of a scheduled offence, and in so doing shall, in the caseof an officer of the armed forces or civil armed forces, exercise allthe powers of a police officer under the ode-

#% (n particular and without pre2udice to generality of sub+ section#$%, an officer of the police, armed forces and civil armed forcesmay,+

#a% after giving prior warning use such force as may bedeemed necessary or appropriate, keeping in view all the facts andcircumstances of the situation, against any person who is committing


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or in all probability is likely to commit a scheduled offence, itshall be lawful for any such officer after forming reasonableapprehension that death, grievous hurt or destruction of property maybe caused by such act, to fire, or order the firing upon any person orpersons against whom he is authori8ed to use force in terms hereof;

#b% any police officer , a member of the armed forces orcivil armed forces acting in aid of civil authority may arrest,without warrant, any person who has committed a scheduled offence oragainst whom a reasonable suspicion or credible information existsthat he has committed, or is about to commit any such act or offence;and

#c% any such officer may enter and search, without warrantany premises to make any arrest or to take possession of any property,fire+arm, weapon or article used, or likely to be used, in the

commission of any scheduled offence-

#.% !othing contained in sub+section #$% or sub+section #% shallaffect the provisions of hapter (< of the ode and the provisions ofsection $. of the ode shall apply to any person acting under thissection-

* App+ication of Code-+=he provisions of the ode of riminalProcedure #"ct 6 of $&'&% in so far as these are not inconsistent withthe procedure provided in this Ordinance shall be applicable toin>uiries, investigations and trial of the Scheduled Offences-

* Inve!tiation!-+#$% "ll the scheduled offences shall be cogni8ableand non+bailable-

#% "ll scheduled offences shall be in>uired into and investigated bya :oint (nvestigation =eam comprising of one ga88etted police officerand two officers from the armed forces?civil armed forces acting inaid of civil authority-

#.% @henever a person is arrested or detained in custody under clause#b% of sub+section #% of section . and it appears that the in>uiry orinvestigation cannot be completed within the period of twenty+fourhours, a member of :oint (nvestigation =eam or any other officeracting under him, excluding the time necessary for 2ourney from theplace of arrest or detention to the court shall produce him before aSpecial :udicial 5agistrate and may apply for remand of the accused tothe custody of the police or custody of any other investigatingagency-


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#A% " Special :udicial 5agistrate may authori8e, from time to time,the detention of the accused in such custody as such Special :udicial5agistrate thinks fit for a term not exceeding ninety days*

Provided that all such reports re>uesting for further custody

of the accused shall be submitted through the Public Prosecutor-

#B% " person arrested or detained under this Ordinance whose identityis unascertainable shall be considered as an enemy alien and, sub2ectto provisions of section $A, he shall be presumed to have 2oinedwaging war or insurrection against Pakistan*

Provided that for the purposes of this Ordinance, suchalien shall include a ommonwealth citi8en-

4* Preventive Detention-+=he 0overnment may by an order in writing

issued by the Secretary 5inistry of (nterior, or any officer, notbelow the rank of CPS+$, specifically designated in this behalf,authori8e the preventive detention of a person for a period notexceeding ninety days if there are grounds to infer that such personis acting in a manner pre2udicial to the integrity, security, defenseof Pakistan or any part thereof, or external affairs of Pakistan, orpublic order or maintenance of supplies and services;

7xplanation (* " person connected or likely to be connected with thecommission of a scheduled offence or a person falling undersub+section #B% of section B shall be deemed to be a person acting in

the manner stated above*

Provided that detention of such person shall be regulated inaccordance with the provisions of "rticle $D of the onstitution*

Provided further that by virtue of clause #'% of "rticle $D of theonstitution, an enemy alien may be detained by the 0overnment forsuch period as may be determined by it from time to time-

5* Report*.6pon co-p+etion of inve!tiation, the :oint (nvestigation=eam shall, through the Public Prosecutor, submit a report before theSpecial ourt-

Provided further that notwithstanding anything contained inthe Eanun+e+Shahadat, $'&A #P-O-$D of $'&A%, such report shall beadmissible in evidence against the accused-

7* E!ta+i!$-ent of Specia+ Co%rt! etc-+ #$% =he 0overnment mayestablish as many Special ourts under this Ordinance as determined by


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it-

#%=he 0overnment, in consultation with the hief :ustice of theconcerned High ourt, may appoint any person as 2udge of the Specialourt constituted under this Ordinance who is or has been a Sessions

:udge in any province of Pakistan or has been an "dvocate of the Highourt for a period of not less than ten years-

#.% " 2udge Special ourt shall have all the powers of a Sessionsourt as provided under the ode-

#A% =he 0overnment may provide security of tenure to a 2udge of theSpecial ourt appointed under this Ordinance through rules to beframed under this Ordinance-

#B% =he 0overnment may, in consultation with the hief :ustice of the

concerned High ourt, appoint any 5agistrate of the /irst lassserving as a member of the subordinate 2udiciary under any High ourtor any other officer of not less than CPS+$& of the Pakistan

"dministrative Service or Provincial 5anagement Service of anyProvince as Special :udicial 5agistrate-

#F% =he Special :udicial 5agistrate shall have all the powers of5agistrate /irst lass provided under the provisions of the ode,unless these are inconsistent with the provisions of this Ordinance-

#9% !o Special ourt shall take cogni8ance of a scheduled offence

except on a report submitted under section F-

8* P+ace of in9%irie!, inve!tiation! and tria+! etc*.#$% =he0overnment, on the report of a prosecuting agency, shall determine theplace of custody, in>uiry, investigation and trial of a scheduledoffence anywhere in Pakistan-

#% " person convicted of a scheduled offence sub2ect to direction ofthe 0overnment may be confined at any place in Pakistan including theprisons established by the Provincial and /ederal 0overnments-

10* E!ta+i!$-ent of Pro!ec%tin Aenc&-+ =he 0overnment shallestablish an independent Prosecuting "gency headed by a Prosecutor0eneral in order to provide consultation and legal guidance to theinvestigating agency and to conduct the prosecution of scheduledoffences-11* Pro!ec%tor :enera+*./$% =he 0overnment may appoint any person asProsecutor 0eneral who is not less than forty+five years of age andhas been an "dvocate of the High ourt for a period of not less than


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ten years-

#% =he Prosecutor 0eneral may issue instructions and guidelines forthe competent investigation and effective prosecution of the cases ofscheduled offences-

#.% =he Prosecutor 0eneral may, with prior approval of the 0overnment,withdraw from the prosecution of any accused in a case pending beforeany Special ourt and on submission of such re>uest the ourt shalldischarge or ac>uit the accused from the case as it may deem fit-

12* Protection of ;%de!, prosecutors and witnesses etc-+ =he0overnment shall take appropriate measures to provide ade>uatesecurity to the prosecution witnesses, investigating officers,prosecutors, Special :udicial 5agistrates and :udges of the Specialourts and for this purpose may establish, anywhere in Pakistan, safehouses and high security prisons with court rooms-

13*


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of High ourt concerned, at any stage of proceedings, withdraw a casefrom any court established under any other law or from a Special ourtand submit the same before any other Special ourt and such Specialourt shall proceed with the case from the stage at which it waspending-

15* Certain provi!ion! of t$e Code not app+ica+e*.=he provisions ofsections .9A, AF, A.B, A.', A.'", A'$, A'F, A'9, A'& and BF$" of theode shall not be applicable to the scheduled offences-

17* Appea+*. /$% "n appeal against the final 2udgment of a Specialourt shall lie to the Supreme ourt-

#% opies of the 2udgments of a Special ourt shall be supplied tothe accused and public prosecutor on the day the 2udgment ispronounced-

#.%"ny aggrieved person or the 0overnment may file an appeal againstthe final 2udgment of a Special ourt within a period of fifteen daysfrom the pronouncement of 2udgment-

18* Savin!*.!o member of the police, armed forces or civil armedforces acting in aid of civil authority, Prosecutor 0eneral,prosecutor, Special :udicial 5agistrates or the :udge of a Specialourt shall be liable to any action for the acts done in good faithduring the performance of their duties-

20* Po"er to -a#e r%+e!-+ =he 0overnment may from time to time makerules to carry out the purposes of this Ordinance and may also amend,

delete or add any offence in the Schedule by publication of anotification in the official ga8ette-

SC)ED6>E

GSee section #i%

Scheduled Offences #$% =he following acts, if committed with thepurpose of waging war against Pakistan or threatening the security ofPakistan shall be the scheduled offences and includes other offencesrelating to*

#i% acts that are calculated to influence or affect the conductof 0overnment by intimidation or coercion, or to retaliate againstgovernment conduct;

#ii% crimes against ethnic, religious and political groups or


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minorities including offences based on discrimination, hatred, creedand race;

#iii% use of arson, fire+bombs, suicide bombs, biological weapons,chemical weapons, nuclear arms, plastic explosives and other materials

capable of exploding or creating bombs employed to kill persons ordestroy property;

#iv% use of arson and bombs on public places, government premises,sites of worship, historical places, business concerns, or otherplaces, and risking or causing death to any person therein;

#v% killing, kidnapping, extortion, assault or attack of membersof the Parliament, :udiciary, 7xecutive, 5edia, and other importantpersonalities;

#vi% killing, kidnapping, extortion, assault or attack on officersand employees of Pakistan including armed forces and law enforcementagencies;

#vii% killing, kidnapping, extortion, assault or attack on foreignofficials, official guests, tourists, foreign visitors, orinternationally protected persons etc;

#viii% killing, kidnapping, extortion, assault or attack on socialor welfare workers, including health personnel, aid workers, andvolunteers;

#ix% destruction of or attack on communication and interactionlines, devices, grids, stations, or systems etc;

#x% destruction of or attack on energy facilities includingdams, power generating and distributing systems including stations,lines and poles;

#xi% destruction of or attack on aircrafts and airports, attack onflight crew with any weapon or endangering human life by means ofweapons on aircrafts;

#xii% destruction of or attack on gas or oil pipelines and li>uidor natural gas facilities and other means of their transport includingtankers;

#xiii% destruction of or attack on of national defense materials,premises, utilities, and installations including check posts, prisonsand other fixtures;


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#xiv% crimes against computers including cyber crimes, internetoffenses and other offences related to information technology etc;

#xv% wrecking, disrupting or attacking mass transport systems

including trains, buses, cars and their stations and ports;

#xvi% violence or attack against maritime navigation, maritime fixedplatforms, shipping and port installations and other maritimefixtures;

#xvii% violence against nuclear arms, sites or any other related installations;

#xviii% hostage taking, or attempting to take hostage any person;

#xix% violence against nationals occurring outside of Pakistan;

#xx% transcending or crossing national boundaries-

#% Offences Punishable under Sections $$, $$", $, $., $.",$.C, $A, $A", $B, $F, $9, $&, $', $.D, $.$, $., $.., $.A,$.B, $.F, $.9, $.&, $.' and $AD of the Pakistan Penal ode-

#.% "ny abetment or conspiracy to commit any of the above offences-

?A?NOON )6SSAINPRESIDENT

Documents

Protection of Pakistan Ordinance - Copy