LAKKI MARWAT: Nurar tribesmen in Miryan tehsil of Bannu district on Wednesday held a protest demonstration against excessive electricity loadshedding and low voltage.
The protesters gathered outside the Miryan police station and closed the Bannu-Miryan Road to vehicular traffic.
On the occasion, Miryan tehsil council chairman Pir Kamal Shah, Malik Bashir Khan, Pir Wahid Ali Shah, Pir Ahmad Shah, Malik Matiullah and others said the rural localities were hard hit by excessive power outage.
They said long spells of loadshedding had increased the sufferings of people in sizzling heat.
They accused the Peshawar Electric Supply Company officials of increasing the duration of outages with the increase in temperature.
They asked Pesco to remove illegally installed transformers and power connections to ensure uninterrupted power supply to their areas. They also asked for improving voltage.
Later, the protesters dispersed after a team comprising officials of police and Pesco assured them of ending excessive outages.
EID SECURITY: Around 400 policemen will be deployed in Lakki Marwat district to guard Eid congregations, recreation places, business centres and important installations during Eidul Azha, an official claimed on Wednesday.
He said the sub-divisional police officers and SHOs had been directed to implement the security plan in letter and spirit and ensure protection to people’s lives and properties.
“Under the plan, temporary checking points have been established on important roads and in Lakki city,” he maintained, saying arrangements had been made for smooth flow of traffic on roads and highways.
He said additional policemen would be deployed in Lakki city, Naurang, Tajazai, Darra Pezu, Ghaznikhel and Tajori and on the Indus Highway.
SHOT DEAD: A man was killed over a land dispute in Mamakhel area of Naurang town on Wednesday, the police said.
They said Kalimullah and his brother, Imran were attacked by their rivals when they were on their way to the village after shopping in Naurang Bazaar.
They said Imran received bullet injuries and died on the spot.
Kalimullah, who remained unhurt, told the police that Hafezur Rehman, ordered his son, Fahad to open fire, killing Imran instantly.
The police said they had arrested Fahad during a raid on his house.
PESHAWAR: A special anti-corruption court has granted bail to former provincial minister and leader of Pakistan Tehreek-i-Insaf Shakeel Ahmad in a case of alleged illegal appointments in district headquarters hospital Malakand.
The senior special judge, Babar Ali Khan, accepted bail plea of the suspect on condition of furnishing two sureties of Rs80,000 each. The court ruled that the petitioner was neither member of the relevant selection committee nor the appointing authority to make those appointments.
The FIR against the petitioner was registered on May 10 by the anti-corruption establishment (ACE) at anti-corruption police station Malakand.
The complainant in the FIR was the president of PWD Labour Union, Gul Zaman Khan, who submitted a complaint to the ACE director wherein he charged the petitioner of carrying out illegal appointments of some Class-IV employees in the hospital and depriving deserving persons of their right to appointment.
Court also extends pre-arrest bail of three ex-lawmakers from Mardan
The complainant also charged him along with some officials of the health department of embezzling government funds meant for purchase of furniture and medical equipment, etc.
Advocates Malik Ajmal Khan, Ali Zaman, Inam Yousafzai and Alam Khan Adenzai appeared for the petitioner and contended that he was falsely implicated in the instant cases with mala-fide intentions. They contended that the petitioner could not be kept behind bars merely on basis of allegations.
They stated that there was no evidence against the petitioner and he was neither member of the selection committee nor the appointing authority.
The judge observed that no exact amount of alleged corruption whatsoever was determined by the investigating officer in the final report and the audit report was also silent in that regard.
The court observed that the petitioner was also remanded by the judicial magistrate of Malakand to the ACE authorities but despite that he did not admit his guilt before the court nor any incriminating material was recovered from him.
Moreover, the court observed that the sections of law mentioned in the FIR did not attract any of the provision of the restrictive clause of section 497 (1) of the Code of Criminal Procedure.
Meanwhile, the court extended till July 11 the interim pre-arrest bail earlier granted to three former MPAs of PTI from Mardan -- Iftikhar Mashwani, Abdul Salam Afridi and Malik Shaukat -- in a case of illegal appointments in the fisheries department.
The ACE, in an FIR registered in Mardan on May 10, charged the three petitioners along with several other former lawmakers from Mardan for carrying out the alleged illegal appointments.
The ACE claimed that the suspects inflicted a loss of Rs2.35 million to the government exchequer through those appointments. In the same case, former minister of state Ali Mohammad Khan was also arrested and was granted bail by the court on June 27.
Also, the court extended to July 6 the interim pre-arrest bail given to former MPA of PTI Fazal Hakeem accused of making illegal appointments in Nawaz Sharif Kidney Hospital, Swat.
The ACE alleged that the petitioner along with other lawmakers from Swat made illegal appointments in the hospital and inflicted loss on the government exchequer.
SWABI: Two minor sisters were killed and six others were injured when roof of their mud house collapsed in a far-flung village of Razaar tehsil here on Wednesday, Rescue 1122 officials said.
They said that the incident occurred in Parmuli village. They said that the family was asleep when the roof collapsed due to heavy rain in the wee hours on Wednesday, burying all the family members under the debris.
Locals made announcements on mosque loudspeakers, appealing to the people to reach the house to retrieve the family members.
A Rescue 1122 team also reached the spot immediately afterwards.
Two minors sisters, identified as four-year-old Sana Gul and two-year-old Anabia Khan were pulled out dead, while six other members of the family were retrieved alive.
The bodies and the injured were shifted to the Tehsil Headquarters Hospital, where doctors said two of the injured were in critical condition.
The injured were identified as Wali Mohammad, 47, his wife, Khair Mohammad, 16, Bilal Mohammad, 14, Raishma Khan, 10, and Hilal Mohammad, 7.
Meanwhile, Salman Khan, 33, who worked in an industry, was injured when two motorcycles collided in Gadoon Amazai Industrial Estate. He was taken to Tehsil Headquarters Hospital, Topi.
Pakistan has witnessed a marked rise in audio leaks — recordings of private conversations — in political and judicial matters in recent months. While the veracity and legality of these leaks have been extensively debated on TV talk shows and publications, much of the discussion has only added to the confusion.
How are audios leaked? How does one confirm their veracity? What laws regulate audio recordings and their leaks? Can they be used as evidence in a court of law? This essay aims to clarify many of these questions.
The rise of audio leaks in 2023
Specifically since February 2023, Pakistan has witnessed a series of audio leaks, many of which relate one way or another to the superior judiciary. As references were also filed in the Supreme Judicial Council (SJC) against some of the judges implicated in these audio leaks and one audio allegedly contained a conversation of Justice Mazahir Ali Akbar Naqvi, many believed the SJC would take up these references and attempt to dispel all misgivings against the superior judiciary.
However, Chief Justice of Pakistan (CJP) Umar Ata Bandial, who also happens to chair the SJC, not only avoided convening the SJC, but also included Justice Naqvi in his bench and later remarked that it was a “silent message”. In this background, the federal government constituted a three-member Commission of Inquiry on May 19, 2023, and nominated Justice Qazi Faez Isa, Senior Puisne Judge, Supreme Court of Pakistan, as its chair alongside the chief justices of the Balochistan High Court and Islamabad High Court (IHC) as the two other members.
In the commission’s first meeting held on May 22, it was declared that it would not function as a court of law and that it would, rather, work as a fact-finding commission. It specifically declared that it would not encroach upon the domain of the SJC. It also decided to keep the proceedings public so as to ensure transparency and to gain public trust.
However, as expected, soon after the commission’s first meeting, several petitions were filed in the supreme court under Article 184(3) of the Constitution. Three main objections were raised in these petitions: (i) that the CJP was not consulted by the government; (ii) that the commission’s Terms of Reference (TORs) overlapped with the SJC’s mandate; and (iii) that the commission’s TORs did not include determining the legality of the audio recordings.
A five-member bench of the supreme court headed by CJP Bandial, heard these petitions on May 26 and issued an injunction, restraining the commission from further proceeding into the matter. The commission, however, held its pre-scheduled meeting on the next day, in which the Attorney-General for Pakistan (AGP) read the order of the supreme court, after which in deference to that order, the commission adjourned its proceedings. Meanwhile, as the commission was arrayed as a party in two petitions, it decided to file a concise statement in the supreme court.
In this statement, the commission highlighted several lacunae in the court’s order and also explained its position on a few issues. For instance, it asserted that the Pakistan Commission of Inquiry Act, 2017, under which the commission was constituted, did not necessitate consultation with, or approval of, the CJP. It also commented, without giving a final verdict, on some aspects of the right to privacy of home.
It meant that the commission was open to hear arguments about the legality or admissibility of the recordings. One may also point out here that although the TORs did not specifically mention it, the commission could claim authority for this purpose on the basis of at least two of the TORs: (iii) empowered the commission to determine the liability of “all persons named in the alleged audio leaks” under the Pakistan Penal Code (PPC) or “any other law” — this would necessitate determination of the legality as well as admissibility of these audios; (ix) empowered the commission to look into “any matter ancillary or incidental thereto” which it deemed fit to inquire into “in the interest of justice” — this would, of course, include questions about the legality and admissibility of these audios.
In the meanwhile, a committee of the National Assembly summoned Mian Najam Saqib, son of former CJP Mian Saqib Nisar, in connection with some of the audios, but he preferred a writ petition in the IHC, which was heard by Justice Babar Sattar on June 1, 2023. After hearing the arguments of Sardar Latif Khan Khosa, senior advocate of the supreme court and the petitioner’s counsel, the case was admitted for regular hearing and notices were issued. “Who records the audios?” questioned Justice Sattar.
Authenticity of the recordings
In the famous video scandal case of judge of accountability court, Muhammad Arshad Malik, a three-member bench of the supreme court comprising CJP Bandial, Justice Asif Saeed Khan Khosa and Justice Azmat Saeed framed the following issues inter-alia: “How is the relevant video to be established as a genuine piece of evidence? How is the relevant video, if established to be a genuine piece of evidence, to be proved before a court of law? What is the effect of the relevant video?” (Ishtiaq Ahmed Mirza vs the Federation of Pakistan).
On the issue of genuineness of the audio/video recordings, the court noted: “The advancement of science and technology has now made it very convenient and easy to edit, doctor, superimpose or photoshop a voice or picture in an audio tape or video and, therefore, without a forensic examination, audit or test of an audio tape or video, it is becoming more and more unsafe to rely upon the same as a piece of evidence in a court of law”.
After detailed analysis of the relevant law and a long series of precedents, the court determined a few prerequisites before the audio/video could be deemed genuine: “No audio tape or video can be relied upon by a court until the same is proved to be genuine and not tampered with or doctored”. For this purpose, “a forensic report prepared by an analyst of the Punjab Forensic Science Agency in respect of an audio tape or video is per se admissible in evidence in view of the provisions of section 9(3) of the Punjab Forensic Science Agency Act, 2007.”
It is worth noting here that Article 164 of the Qanun-e-Shahadat, 1984, empowers the court to allow any evidence, which may have become available “because of modern devices or techniques.” However, the supreme court pointed out: “Even where a court allows an audio tape or video to be produced in evidence, such audio tape or video has to be proved in accordance with the law of evidence.”
Among the requirements of the law of evidence referred to by the supreme court, the most important are those relating to ‘primary’ and ‘secondary’ evidence. The supreme court did not examine the admissibility of the recordings if the content thereof was covered by the provisions of the law of evidence about privileged communication. The reason was obvious: this was not the issue in that particular case. This judgement has been relied upon later in a few other cases as well, most important being The State vs Ahmed Omar Sheikh judgement.
We will not further discuss this aspect of the issue and will, instead, presume in the discussion that follows that the recordings are authentic — that their authenticity is either not denied by the person whose recordings they are purported to be, or all the requirements for establishing authenticity such as forensic evidence, chain of custody and the like have been fulfilled.
Still, such recordings may not be legal; or if they are both authentic and legal, they may still be inadmissible. But perhaps the most important question is: if a recording is authentic but illegal, is it still admissible as evidence in a court of law? This lies at the heart of the controversy about the audio-leaks. The Inquiry Commission and the supreme court are both expected to address this question.
Let us now turn to the question of legality, which must be examined separately from the question of admissibility.
Legality of the recordings
We can imagine various possibilities.
1. Recording with consent
According to the Qanun-e-Shahadat, if person A consents to a recording, there can still be circumstances where it may be illegal to use the recording, for instance when the content is privileged such as lawyer/client or doctor/patient communications.
If the recording has been made with consent, and is also not privileged, it may still be illegal to use it. The principle here is one called ‘legitimate expectation of privacy’ (or the ‘expectation principle’), which means in settings where one would expect their interactions to remain private, it would not be allowed to use a record of that interaction for other purposes. An example would be person A recording person B with B’s consent in a private setting at their home, then using the recording for commercial purposes.
The scope of the expectation principle is much wider in the United States than in many other jurisdictions. A glaring example is the judgement in Missouri vs McNeely, in which the US supreme court determined the parameters of exceptions from the fourth amendment right to privacy in exigent circumstances. It held that the police must get a warrant before conducting a blood test for a drunken-driving suspect. It then gave details of what constitutes the ‘exigent circumstance’ which may allow deviation from this principle.
The expectation principle would still also be applicable if the one whose statement is recorded is a public official, or a relative of a public official, even if the recording pertains to an official matter.
2. Recording without Consent
We may subdivide this into two categories:
a. When it is done in a routine manner
An example is CCTV footage. In the Ishtiaq Ahmed Mirza case mentioned above, while drawing a distinction between what is done in a routine manner and what is not, it was held: “The person recording an audio tape or video may be a person whose part of routine duties is recording of an audio tape or video and he should not be a person who has recorded the audio tape or video for the purpose of laying a trap to procure evidence.” For this distinction, reliance was made on an earlier case — Hakim Ali Bhatti vs Qazi Abdul Hakim, 1986.
The expectation principle would also apply if the CCTV camera has been installed in a public place. The footage may be used for various purposes, even commercial ones if the installation was legal to begin with. If it has been installed in a private setting, it may not be used.
b. When it is not done in a routine manner
Phone call recordings and wiretapping fall in this category.
This may be further subdivided into two categories:
i. Where it is legally authorised, that is, all permissions and requirements have been obtained/fulfilled.
ii. Where it is done without legal authorisation
In the former, the act of recording will be legal, though its publication may separately require legal authorisation. In the latter, the act of recording and its publication both are illegal. The most relevant case for this purpose is Mohtarma Benazir Bhutto vs President of Pakistan in which the supreme court examined the validity of the dissolution of the National Assembly by the then-president, Farooq Leghari.
Among the allegations against prime minister Benazir Bhutto’s government was “under the orders of the prime minister, telephones of the judges of the supreme court, leaders of the political parties and high ranking military and civil officials were being tapped and transcripts sent to the prime minister for reading.”
The supreme court held: “The tapping or eavesdropping of citizens to whatever class, group or status they may belong, is not only an offence under the Telegraph Act, but it also offends against Articles 9 [right to life and liberty] and 14 [dignity of man and the privacy of home] of the Constitution.”
In the US, the doctrine of ‘exclusionary rule’ is applied in this situation which excludes illegally obtained information and necessitates warrants that are issued on the basis of ‘probable cause’ — law enforcement agencies must have reasonable grounds to believe that criminal activity is afoot or has been committed.
As noted above, in exigent circumstances, warrantless searches or recordings may be allowed. Another exception could be ‘the danger of destruction of evidence’ when the evidence (of a crime) is in ‘plain view’ of the officer or when the officer is in hot pursuit of a suspect.
In Pakistan, in such situations, the standard of ‘reasonable belief or suspicion’ is used. For instance, Section 22A, Code of Criminal Procedure, 1898, while mentioning the powers of Justices of Peace, says that they may call the police to aid them “in taking or preventing the escape of any person who has participated in the commission of any cognisable offence or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having so participated.”
A more relevant provision is found in section 47 of this code, which states: “If any person acting under a warrant of arrest, or any police officer having authority to arrest, has reason to believe that the person to be arrested has entered into, or is within, any place, the person residing in, or being in charge of, such place shall, on demand of such person acting as aforesaid or such police officer, allow him free ingress thereto, and afford all reasonable facilities for a search therein.”
Similarly, section 53A, which has been recently added to this code, allows medical examination of a rape or sexual abuse suspect: in cases where “there are reasonable grounds for believing that an examination of the arrested person will afford evidence as to the commission of such offence.” There are many other provisions which use this standard.
One significant law in this regard is the so-called Investigation for Fair Trial Act, 2013, which allows surveillance of a person suspected of involvement in a terrorist or anti-state activity. It not only mandates notifying an authorised officer, but also gives an elaborate procedure for issuance and execution of warrants for such surveillance against a suspected person. It applies the standard of ‘reasonable belief’ and uses phrases such as “a reasonable threat” and “possibility of an attempt to commit a scheduled offence”. It also lays down specific conditions for admissibility of the material and information obtained during investigation.
Apart from this very narrow and specific legislation, there is no other law in Pakistan that allows surveillance and interception. This is why Justice Syed Mansoor Ali Shah declared in the famous Justice Qazi Faez Isa vs The President of Pakistan: “Intelligence agencies therefore do not have a carte blanche to probe into the lives of ordinary men and women of this country. These agencies are regulated by law and are subject to law.”
At the same time, he also examined “surveillance where there is no law” and concluded: “Besides this limited scope under the IFTA, no other law regulates the fundamental right of privacy of citizens and allows probe into their lives through surveillance and interception. Thus, in the remaining sphere the right to privacy is absolute, until law is enacted to regulate it. The violation of this sphere of the absolute privacy right makes the inadmissibility of evidence collected in violation thereof also absolute. Absolute right entails absolute prohibition on its violation.” This part of his note was cited by the five-member bench hearing petitions against the Inquiry Commission and we will turn to it again in a later part of this essay.
Presently, we will examine three hypothetical situations to see if a case can be made for warrantless surveillance and interception.
Warrantless surveillance and interception
The following three situations will help us understand if such principles and standards legitimise warrantless audio/video recording and/or their publication.
Situation one
A gang kidnapped a child and threatened his father of dire consequences if he informed the police, but the law enforcement agencies somehow came to know and recorded the phone calls, traced the location of the kidnappers, arrested them and rescued the child, but no authorisation was obtained, say, because the time was too short. The father of the child not only tolerated the call recording but even appreciated the police for doing so.
The act is still illegal, though the illegality may be overlooked or justified on the basis of ‘exigent circumstances’.
Situation two
A judge is approached for favour in a case and is offered a bribe. The call was recorded without prior authorisation.
Can the judge claim a breach of privacy? If the recording was made without legal authorisation (a warrant), it would be illegal and in the US, inadmissible in a court of law. If there was reasonable suspicion/belief for commission of a crime or prospect of one, a recording may not be made without a warrant, unless there are exigent circumstances.
The question before us is whether in Pakistan, this situation is covered by the concepts of “dignity of man” and “privacy of home” (Article 14 of the Constitution).
Some may argue that “privacy of home” is apparently narrower in scope than the fourth amendment right to privacy in the US. However, it may be recalled that in the Benazir Bhutto case above, the apex court held that the act of illegal tapping was a violation of Article 9 of the Constitution which guaranteed that “no person shall be deprived of life or liberty save in accordance with law.”
Relying on an earlier precedent of Shehla Zia vs WAPDA, it not only gave a wider meaning to the right to life which, thus, was not just confined to “the vegetative or animal life or mere existence from conception to death” but also included “all such amenities and facilities which a person born in a free country is entitled to enjoy with dignity, legally and constitutionally.” It further held that the right to life included “a right to have clean and incorruptible administration to govern the country and the right to have protection from encroachment on privacy and liberty.”
The supreme court gave a wider interpretation to “privacy of home” bringing it at par with the fourth amendment right to privacy in the US. Thus, it held: “It does not mean that except [at] home, [one’s] privacy is vulnerable and can be interfered [with] or violated. Home in the literal sense will mean a place of abode — a place where a person enjoys personal freedom and feels secure. The emphasis is not on the boundaries of home but the person who enjoys the right wherever he may be … ‘Home’ connotes the meaning of privacy, security and non-interference by outsiders … The term cannot be restricted to the privacy within the four walls of the home … A person is entitled to enjoy [such privacy] wherever he lives or works, inside the premises or in open land. Even the privacy of a person cannot be intruded in public places.”
The supreme court then linked the inviolability of privacy with the dignity of man and held: “If a man is to preserve his dignity, if he is to live with honour and reputation, his privacy whether in home or outside the home has to be saved from invasion and protected from illegal intrusion. The right conferred under Article 14 is not to any premises, home or office, but to the person, the man/woman wherever he/she may be.”
Added to these arguments of life, liberty, privacy and dignity is the cherished principle of due process of law to which we will turn at the end of this discussion.
Situation three
A relative of a judge is suspected of having connections with a political leader who has cases before that judge and it is also thought (without any evidence) that this relative influences the proceedings of those cases. The law enforcement agencies, or intelligence agencies, or someone else, records phone calls of this relative with a relative of the counsel of that political leader.
In addition to the above-mentioned reasons, recordings based on a hunch/chance that hundreds of hours of recordings might yield some incriminating information, of which only a ‘bit’ may be put forward as evidence, are illegal. As this situation does not fall into ‘exigent circumstance’, the act of recording will be illegal if there is no warrant for it.
If there was actual material on the basis of which the police had a reasonable suspicion/belief that something illegal was afoot, they should have applied for a warrant to have the calls recorded.
It is time now to discuss the implications of the due process clause.
The issue of admissibility
Article 4 of the Constitution lays down the most significant and fundamental norm of the legal system: “To enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen wherever he may be, and of every other person for the time being within Pakistan.”
Every action by the state against any individual, be it a convict, an accused or a suspect, must have a legal basis; every action by the government or the executive must be shown to have emanated from a legal norm. Without undermining the generality of this principle, the next part of the Article specifically applies the same principle to certain actions: “In particular, no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law.”
Add to this, Article 9: “No person shall be deprived of life or liberty, save in accordance with law.” Even Article 14, which uses the phrase ‘privacy of home,’ mandates the existence of law before such privacy may be breached: “The dignity of man and, subject to law, the privacy of home, shall be inviolable.”
Justice Shah reached the same conclusion in his separate note in Justice Qazi Faez Isa’s case, and declared that the principle of “inadmissibility of the illegally collected evidence has developed mostly in the cases where there was a law that regulated a constitutional right, but that law was not followed or was violated in the process of collecting evidence.”
He elaborated the rationale of this principle in the following words: “The courts have held such evidence to be generally inadmissible, with few exceptions, mainly with the reason that the admission of such evidence would compromise the integrity of the judicial process and bring the administration of justice into disrepute. I concur in the principle, and see no hindrance in adopting it in our jurisdiction.”
He further noted that the illegally obtained information in that particular case was “without any enabling law” and this illegal act was “deliberate and conscious” and, hence, “did not fall within the exceptions thereto.”
Let us discuss two extreme examples and see if they can fall within such exceptions.
1. The ticking time bomb scenario
After a long time, a cricket match was being played between Pakistan and India at the Qaddafi Stadium Lahore. The stadium was jam-packed. Suddenly, an anonymous caller informed the security personnel that a time-bomb has been placed somewhere in the stadium. Evacuation would take too much time. The bomb may explode any moment. A suspect was caught and interrogated. He might have known the place where the bomb was placed but he would not tell. Could he be tortured to extract information about the bomb so as to save thousands of lives? Perhaps, yes (there were reasons to believe that he knew the place). Perhaps, no (he might have no connection with the matter). But when he was tortured, he gave information which led to the bomb.
Though initially some argued against the torture, later on, many overlooked the act of torture because resultantly, thousands of lives were saved. (Ends justified means? What if after torturing him, no information was obtained and later on it was proved that he was absolutely innocent?) Can this information be used against him as evidence? Certainly not, as Article 13(b) of the Constitution does not allow compelling a person to make a self-incriminating statement and Article 14(2) does not permit torture for extracting evidence.
2. Conversation of two suspected terrorists
Inmates usually have very little privacy protection as compared to the general population. This example is only for understanding the concept of illegally obtained evidence.
Two terror suspects had been captured. They were kept in one cell which was already bugged. They talked about some place where they had hidden some explosives. Their conversation was recorded. The place was raided and the explosives were found there. Though the legality of the bugging of the prison cell may be dubious, many precious lives were saved and, hence, it may be overlooked. But can this recording be used against these two persons as evidence of their guilt? The above principles would not allow it, unless the conditions mentioned in IFTA are fulfilled.
War of words between the supreme court and the Inquiry Commission
Interestingly, the five-member bench of the supreme court, while issuing an injunction against the Inquiry Commission cited in its short order dated May 26, 2023, some of the passages from the separate note of Justice Shah about inadmissibility of illegally obtained information.
It may be recalled that two of these five judges (CJP Bandial and Justice Akhtar) were part of the seven-member majority that had overlooked this aspect and Justice Shah actually wrote a dissenting note in which he highlighted it inter alia. How could these two judges now rely on that note? Perhaps this question prompted the Inquiry Commission to refer to another passage from Justice Shah’s note in which he had mentioned exceptions to the principle of inadmissibility.
The truth remains that in the US, illegally obtained evidence is inadmissible (with possible exceptions). In India, it is admissible (with exceptions), though Indian commentators have pointed to the undeveloped state of the right to privacy in Indian law in 1973 and have opined that the time might be ripe today to adopt the exclusionary rule in India. Jurisprudence in Pakistan is still developing.
However, a case can be made for following the US model. Like the US, we have a written Constitution; and like the US constitution, ours has the due process clause which mandates that every action of the state against an individual must be shown to be based on some legal authority. (It may be noted that the argument of violation of due process is stronger than that of breach of the privacy of home). Moreover, Pakistan and the US both have similar colonial backgrounds and written constitutions. The record of protection of privacy rights in Pakistan is extremely poor, perhaps one of the poorest in the world, which is all the more reason exclusionary rule should be adopted.
Laws for specifying the mandate of agencies
Undoubtedly, the working of the intelligence and security agencies is very important. They may deem surveillance of public office holders necessary for the protection of national interest. However, the Constitution guarantees due process and protection of fundamental rights. Legislation is the only way to strike a balance between these competing goals. If the working of the agencies is not regulated through legislation and due process is not ensured, all fundamental rights will be wasted. The following excerpts from Justice Isa, in the Faizabad Dharna Case, amply show this:
“All intelligence agencies (including ISI, IB and MI) and the ISPR must not exceed their respective mandates. They cannot curtail the freedom of speech and expression and do not have the authority to interfere with broadcasts and publications, in the management of broadcasters/publishers and in the distribution of newspapers … intelligence agencies should monitor activities of all those who threaten the territorial integrity of the country and all those who undermine the security of the people and the State by resorting to or inciting violence … to best ensure transparency and the rule of law it would be appropriate to enact laws which clearly stipulate the respective mandates of the intelligence agencies.”
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RAWALPINDI: Punjab Caretaker Minister for Primary Health Dr Jamal Nasir on Wednesday gave three days time to the National Highway Authority (NHA) to repair the damaged part of Soan bridge and continue work on it even during Eid holidays so that citizens do not face problems.
A temporary 60-feet long “bailey bridge” will be installed over a section of the under-construction bridge that collapsed on Monday disrupting traffic on the artery linking Rawat with Kutchery Chowk. The temporary bridge is being brought from Gilgit and is expected to be installed within the next 48 hours for light traffic to pass over it. Heavy traffic has been banned and diverted towards Islamabad Expressway to enter the city.
Mr Nasir visited Soan bridge and inspected its part damaged by recent rains. He was given a detailed briefing about the bridge and also informed about ongoing work on the bridge.Speaking on the occasion, the caretaker minister directed the director of NHA and other authorities to complete repair work of the bridge within three days.
He said that officials concerned should be personally present at the repair site of the bridge and supervise the work. He said that during Eidul Azha holidays, a large number of citizens are outside the city in their native areas, due to which traffic congestion in the city was reduced, but immediately after Eid, the rush will increase, so repair work should be completed quickly.
Temporary bridge being brought from Gilgit, to be installed in next 48 hours for light traffic
He said that extra labour should be hired and work should be done day and night, adding that along with the speed of work, full attention should be paid to its quality and any negligence in this regard will not be tolerated.
He said that Punjab Caretaker Chief Minister Mohsin Naqvi was fully aware of the public’s problems and he was making effort towards solving problems according to his mandate.He said that the entire caretaker cabinet is working as a team and is dedicated day and night for the service of people.
Shortly after collapse of the bridge, the filling of the land and repair work on damaged piles and girders was started and was expected to be completed by Tuesday.
However, as repair work could not be completed before Eidul Azha, it was decided that a temporary bridge would be installed.
National Highway Authority (NHA) had already taken notice of construction activities in the surrounding areas and intimated the authorities concerned to stop any construction activity within the jurisdiction of Lai and Soan bridges on urgent basis till a no objection certificate (NOC) was taken.
According to NHA, DHA-I is doing multiple interventions near Lai and Soan bridges to develop links between N-5 and DHA-I.
“The constructor (FWO) under your control is working on construction of two-lane underpasses at Lai and Soan Bridges including its approach roads and a bridge over River Soan without seeking proper NOC from NHA,” a statement issued by it said.
It further added that the proposed construction will have an overwhelming impact on the structural integrity of Lai bridge, its protection works and allied facilities, and construction of a bridge in Soan bed will have a back water impact. This proposed execution plan lacks technical merits, the statement said, adding that due to channelisation of Lai water, there will be a critical hydraulic impact which may be detrimental for SBC embankment of Lai bridge and scouring may cause damage to the Lahore High Court building.
The construction of slip lanes will cause huge road safety hazards and will be a major source of accidents and congestion before Soan bridge. Due to closure of the bridge span the water level of Leh Nullah will be raised from upstream which is very dangerous for Rawalpindi.
Despite the NHA’s concerns, multiple construction works by DHA-I is continuing and causing hardships for thousands of commuters.
LAHORE: Federal Minister Javed Latif has indirectly demanded action against the Pakistan Tehreek-i-Insaf chief Imran Khan for ‘masterminding’ May 9 attacks on the military installations and state buildings, apparently warning “institution responsible for justice” against giving the former premier any concession.
“If the mastermind of May 9 gets any concession, the nation will not tolerate it and it will set a wrong precedent. It was not an attack on an institution, but on the state and security of Pakistan,” he told a press conference here on Wednesday.
There are a good number of PML-N leaders, including federal cabinet members Khwaja Asif, Rana Sanaullah, Ahsan Iqbal and Attaullah Tarar, who have no doubts about Imran Khan being the “mastermind” of the May 9 events, but they regret that the government was still reluctant to announce any legal action against him (Khan).
Latif, who has yet to get a portfolio despite being a cabinet member for a year, also indirectly sought action against former army chief Gen Qamar Javed Bajwa and ex-ISI chief Faiz Hamid for “launching the project Imran.” “Those responsible for launching the ‘project Imran’ should be arrested and punished to avoid repeat economic mess and chaotic situation in the country,” he demanded.
Talking on self-accountability in the army, in the backdrop of the DG ISPR’s recent press conference, he expressed the hope that the institution responsible for providing justice (the judiciary) would follow suit.
At a presser on Monday, DG ISPR Maj Gen Ahmed Sharif Chaudhry had revealed that the army had sacked three officers — including a lieutenant general — and concluded disciplinary proceedings against 15 officers, including three major generals and seven brigadiers, over the events of May 9.
Latif, who had been predicting the return of the PML-N supremo Nawaz Sharif since long, reiterated that he (Nawaz) would soon be back and become prime minister of the country for the fourth time. “Pakistan will progress economically if Nawaz Sharif becomes prime minister for the fourth time,” he claimed and added that elections would be held in October this year.
To a question, the PML-N leader said the elder Sharif would decide whether his party would forge an alliance in the next elections or go for a solo flight.
SAHIWAL: The Anti-Corruption Establishment has booked Rai Murtaza Iqbal, a former PTI MNA from Chicha-watni, his uncle Rai Hasan Nawaz, a member of the PTI’s Punjab Core Committee, his son and four others in a corruption case.
The Rai family is among those who have not issued any statement about leaving PTI. Previously, Nouraz Shakoor and other PTI members left the party.
Ch Asif, a real estate tycoon, is still aligned with Imran, despite his housing society being sealed by the corporation staff.
LAHORE: The Pakistan Hockey Federation (PHF) on Wednesday announced its international and domestic programmes for the remaining half of the year 2023.
The most important international event during the ongoing year will be Pakistan’s participation in the Asian Champions Trophy being held in Chennai from Aug 3-12. The training camp for this event is already in progress in Lahore.
Moreover, Pakistan men’s and women’s teams will feature in the Five-a-Side events in Salalah, Oman from Sept 4-24.
The country will also compete in this year’s Asian Games to be hosted by Chinese city of Guangzhou from Sept 23-Oct 8.
Then Pakistan will also play the 11th Sultan of Johor Cup, for juniors, being held in Malaysia from Oct 27-Nov 4.
In their last international event of the year, Pakistan will field their team in the all-important Junior World Cup which being staged in Kuala Lumpur from Dec 5-16.
At the domestic level, the Chief of Naval Staff Cup will be staged in Lahore from July 9-18 and the Maripur Petroleum Independence Hockey Cup will be held in Rawalpindi (Aug 15-21). The National Senior Hockey Championship will be played in Rawalpindi from Oct 9-18 while the Chief of Army Staff National Club Championship will be held in December.
RAWALPINDI: Police contingents carried out a flag march in the city as part of their security preparedness for Eidul Azha, and to maintain order on the occasion more than 2,500 police officers will be on duty.
Of 684 mosques, 33 have been placed in category “A” highly sensitive, 97 in “B” less sensitive and 554 were placed in category “C” normal. Likewise, 65 Imambargahs were categorised as A, B and C according to their sensitivity.
A police spokesman said the Flag March started from Police Lines Headquarters to Ammar Chowk, Chauhan Chowk, Rawal Road, Haji Chowk, Transformer Chowk, Chah Sultan Road, Glass Factory Chowk, Committee Chowk, Iqbal Road, Naya Mohalla Chowk, Alam Khan Road, Fawwara Chowk, Dingi Khoi. Chowk, Bansanwala Chowk, Jama Masjid Road, Imambara Chowk, Bani Chowk, Asghar Mall Road, Rahmanabad, Chandni Chowk, Kohati via Committee Chowk, Liaquat Bagh Chowk, Marir Chowk, Qasim Market, Charing Grass, Chauhar Chowk, Mall Road.
After passing through Imambargah Qasr Sajjad Road, Dhok Syedan, Kalma Chowk ended at Police Lines Headquarters.
He said that the aim of the flag march is to express the determination of Rawalpindi Police against criminals and anti-social elements on the occasion of Eid-ul-Adha.
“Safety of life and property of citizens is the first priority for which all measures are being taken,” said the spokesman.
Special security arrangements have also been made for Queen Kohsar Marri on Eidul Azha, with more than 2,500 police of the Rawalpindi police will be deployed for security duty of 684 mosques, 98 open places, 65 imambargahs.
More than 700 policemen have been deployed in Murree for the safety of citizens’ lives and property.
To ensure the flow of traffic in Murree, 285 police officers will also be on duty.
The spokesman said 37 special pickets had been set up across Rawalpindi where more than 700 policemen will be on duty to prevent wheelie during the days of Eid.
Women Police, Dolphin Force and Security Guards will also perform their duties, while mobile police and motorcycle squads of police stations will patrol in their respective areas on the occasion of Chand Raat and Eidul Azha.
Separately the City Traffic Police have chalked out a traffic plan with deployment of 870 traffic staff to maintain traffic on Eidul Azha.
In order to maintain the flow of traffic in the best way and keeping in mind the convenience of the citizens, the holidays of all the traffic staff has been canceled. 69 officials have been appointed to prevent wheelie and car skidding on Eid.
Drivers without licence holders and motorcycle riders without helmets will not be allowed to enter Murree, while public service vehicles will also need to have a route permit and fitness certificate. Strict legal action will be taken against vehicles with black glasses, without registration, without model number plate and without number plate.
Attock
The Attock district administration on Wednesday established a control room at district complex to monitor situation across the district on the eve of Eid and respond promptly.
This was stated by deputy commissioner Attock Rao Atif Raza while addressing a press conference on Wednesday.
He said that the control room would monitor law and order, hides collection, cleanliness, offal and animal carcasses collection as well as proper disposals, implementation of section 144 around water channel and rivers, flooding as well respond to any untoward situation with collaboration of assistant commissioners and sub divisional police officers of all six tehsils of the district.
He informed media men that Attock district administration has allowed 42 applicants to collect sacrificial hides on the occasion of Eidul Azha.
Meanwhile, Attock Police issued a foolproof security plan for Eidul Azha, according to which Eid prayers will be offered in 345 mosques and 13 open places on the occasion of Eid across the district under which 622 police officials, 19 elite sections and 866 volunteers have been deployed to ensure safety and security of worshipers.
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The Indian manufacturer of cough syrups that Uzbekistan said last year had poisoned 19 children used a toxic industrial-grade ingredient rather than the legitimate pharmaceutical version, two sources with knowledge of the matter told Reuters.
The company, Marion Biotech, bought the ingredient — propylene glycol (PG) — from trader Maya Chemtech India, as reported by Reuters.
But Maya did not have a licence to sell pharmaceutical-grade materials and “dealt in industrial-grade only”, according to a source at the firm with knowledge of the Marion investigation.
“We did not know Marion was going to use it to make cough syrups,” said the person, who declined to be identified while the case is investigated. “We are not told where our material is used.”
The two sources said the syrup was made with industrial-grade PG — a toxic material widely used in liquid detergents, antifreeze, paints or coatings, and to enhance the effectiveness of pesticides.
“Marion bought commercial-grade propylene glycol,” said a second source, an investigator, who declined to be named while the inquiry is ongoing.
“They were supposed to take Indian Pharmacopoeia-grade,” the source added, referring to national standards for the composition of pharmaceutical products.
Marion also did not test the ingredient before using it in the syrups it sold to Uzbekistan, the investigator said.
India’s drugs and cosmetics rules say manufacturers are responsible to ensure the safety of the ingredients they use. Maya is not facing charges, according to the company source, but the investigation is ongoing.
Deepak Sharma, an Assistant Drugs Controller for the national capital territory of Delhi — where Maya is based — declined to comment, saying the case was being investigated by federal drugs authorities.
Marion, which says it deals in pharmaceuticals, herbal and cosmetics products, has previously denied any wrongdoing. Neither the company nor India’s drug regulator or health ministry responded to requests for comment.
An analysis last year by Uzbekistan’s health ministry showed the Marion-made cough syrups, Ambronol and DOK-1 Max, contained unacceptable amounts of toxins diethylene glycol (DEG) and ethylene glycol (EG), used in products that are not for human consumption.
Uzbekistan in January arrested four people in relation to the 19 deaths, including two executives at a company that imported the Marion drugs. Reuters could not establish the status of the case.
Uzbekistan’s health ministry did not respond to a question on possible penalties there.
Spurious and adulterated
DEG and EG have been used by unscrupulous actors as a substitute for propylene glycol because they are cheaper, according to pharmaceutical manufacturing experts.
The World Health Organization told Reuters earlier this month its working theory is that in 2021, when prices of propylene glycol spiked, one or more suppliers mixed the cheaper toxic liquids with the legitimate chemical.
Asked to comment on the ingredients used by Marion, a WHO spokesperson said, “It is important that product manufacturers only use appropriately qualified suppliers.”
Tests in January by an Indian government laboratory found 22 samples of Marion-made syrups were “adulterated and spurious”, the country’s drug controller said in March.
Authorities in the state of Uttar Pradesh, where Marion is based, cancelled Marion’s licence in March. Police arrested three of its employees and issued warrants for the arrest of two directors.
The three employees have since been released on bail, said Uttar Pradesh police officer Vijay Kumar.
One of them, operations head Tuhin Bhattacharya, said he had stopped working for Marion, which Reuters could not verify. Reuters could not contact the other two, chemists Mool Singh and Atul Rawat, or their lawyers.
A lawyer for the two Marion directors told the state’s Allahabad High Court in April that the drugs had been found “not of standard quality” but not adulterated, adding that the directors had not committed any offence in India as the drugs were meant exclusively for export, according to a court order seen by Reuters.
The court barred police from arresting the directors, Jaya Jain and Sachin Jain, unless they had been convicted. Their lawyer, Rohan Gupta, did not respond; Reuters could not reach the directors.
India’s drug regulator ordered the country’s drugmakers not to buy PG from Maya in March, Reuters has reported.
Standards
Besides the deaths in Uzbekistan, at least 70 children died in Gambia last year after taking cough syrups made by another company in India that were found to be contaminated with the toxins, and tainted cough syrups made in Indonesia were linked to the deaths of more than 200 children there.
The deaths prompted an international inquiry into the pharmaceutical supply chain.
International standards allow only trace amounts of EG and DEG in pharmaceutical-grade propylene glycol. Limits for the industrial or commercial grade version are not as stringent, because they are not supposed to be ingested by humans.
The toxins were found in cough syrups exported to Gambia by the other Indian company, Maiden Pharmaceuticals. The WHO linked these syrups to the children’s deaths; Maiden has denied any wrongdoing.
Gambia told India’s drug regulator in June that from July 1 it would make it mandatory for all pharmaceutical products from India to be inspected and tested in India, at the cost of the Indian exporter, prior to shipment — the first known restrictions on national exports following the deaths linked to Indian-made syrups.
India made it mandatory for companies to have their cough syrups tested before export from June.
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Hundreds of thousands of Muslim pilgrims crowded Saudi Arabia’s Mount Arafat on Tuesday, the climax of a potentially record-breaking haj pilgrimage held in the fierce summer heat.
As dawn broke, groups of worshippers recited Quranic verses on the rocky rise, where the Prophet Muhammad (PBUH) is believed to have given his final sermon.
Muslim pilgrims gather on the Mount of Mercy at the plain of Arafat during the annual haj pilgrimage, outside the holy city of Makkah, Saudi Arabia, June 27, 2023. — Reuters
The ritual is the high point of the annual pilgrimage, one of the five pillars of Islam, that officials say could be the biggest on record after three years of Covid restrictions.
More than 2.5 million pilgrims were expected to join the haj, one of the world’s largest religious gatherings and a source of legitimacy for the oil-rich country’s royal rulers.
Temperatures soared to 46 degrees celsius on Monday as robed worshippers shielded by umbrellas journeyed from Makkah to Mina, where they slept in a giant tented city before the rites at Mount Arafat.
Muslim pilgrims pray while sitting on the Mount of Mercy at the plain of Arafat during the annual haj pilgrimage, outside the holy city of Makkah, Saudi Arabia, June 27, 2023. — Reuters
Egyptian schoolteacher Tasneem Gamal said she was emotionally overwhelmed to arrive at Arafat, whose rituals are a compulsory part of the pilgrimage.
“I cannot describe my feelings, I am living a great joy,” the 35-year-old woman said.
Gamal is performing the haj without a male guardian, a requirement that was shelved by Saudi authorities in 2021.
This year, a maximum age limit has also been removed, giving thousands of elderly the chance to attend.
A Muslim pilgrim prays on the Mount of Mercy at the plain of Arafat during the annual haj pilgrimage, outside the holy city of Makkah, Saudi Arabia, June 27, 2023. — Reuters
Tuesday provides the biggest physical challenge, as pilgrims will spend hours praying and reciting the Quran on Mount Arafat and in the surrounding area amid high temperatures.
Unlike Makkah, dotted with hotels and malls, and the tents of Mina, air-conditioned shelter is scarce.
Blessed
As helicopters buzzed overhead, entry roads were packed with worshippers.
Thousands of health workers were on alert for cases of heat stroke and exhaustion.
Muslim pilgrims gather on the Mount of Mercy at the plain of Arafat during the annual haj pilgrimage, outside the holy city of Mecca, Saudi Arabia, June 27, 2023. — Reuters
The heat risk will be highest from 12pm to 3pm when outdoor labour is banned in Saudi Arabia between June and September to protect workers.
After sunset, pilgrims will travel the short distance to Muzdalifah, halfway between Arafat and Mina, to sleep in the open air.
The following day, they will gather pebbles and hurl them at three giant concrete walls in the symbolic “stoning of the devil” ritual.
The last stop is back at Makkah’s Grand Mosque, where they will perform a final circumambulation of the Kaaba.
Heat is not the only risk at haj, which has seen multiple crises over the years, including militant attacks and deadly fires.
In 2015, a stampede killed up to 2,300 people. There have been no major incidents since.
Before heading to Arafat, American engineer Ahmed Ahmadine said he felt “blessed” to be able to take part in the pilgrimage.
Muslim pilgrims gather on the Mount of Mercy at the plain of Arafat during the annual haj pilgrimage, outside the holy city of Mecca, Saudi Arabia, June 27, 2023. — Reuters
“I try to focus on praying for my family and friends, “ said the 37-year-old.
“This is an opportunity that will not be repeated.”
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The International Day in Support of Victims of Torture on June 26 commemorates the date when the UN Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (UNCAT) came into force in 1987. Pakistan became a signatory to the UNCAT in 2008 and ratified it in 2010. The latter was important for several reasons, one of which was to fulfil the requirement to obtain the GSP+ status — granting Pakistani products duty-free access to the European market.
As a signatory to the treaty, Pakistan is obligated to meet a set of regulatory standards outlined in the Convention to eliminate the use of torture by public officials, including enacting legislation that effectively defines and criminalises torture.
But what is torture?
The colloquial use of the term does not always align with the legal definition established in the UNCAT. Per Article 1 of the Convention, torture is defined as:
“any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.”
Understanding the implications of this definition is essential for activists, victims, journalists, and citizens to know their rights.
Given the passage of Pakistan’s Torture and Custodial Death (Prevention and Punishment) Act, 2022, it is imperative that we answer the following question: to what extent does the Act meet the UNCAT standards? By comparing Pakistan’s legislation to similar laws passed by other South Asian convention signatories, this article hopes to shed light on how Pakistan can improve its anti-torture law to better adhere to UNCAT criteria.
The law in Pakistan
For a law to be effective, it is imperative that the definition of the term that it tackles is accurate. Under Pakistan’s new law, ‘torture’ is defined as:
“an act committed by which severe physical pain or physical suffering, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.”
While this definition of torture is comprehensive, it misses one important element — mental torture. According to a report on torture by UN Special Rapporteuer Pieter Kooijmans, the distinction between physical and mental torture “seems to have more relevance for the means by which torture is practiced than for its character”. That is to say, even in instances of brutal physical torture, the long-term effects could be primarily psychological and vice versa.
Under Article 4.2 of the UNCAT, state parties are required to instate penalties commensurate with the crime being committed. The anti-torture law in Pakistan, however, fails to stipulate any standalone punishment and relies on the provisions of the Pakistan Penal Code (PPC). The main contention here is that torture is not an offence under the PPC, so there is confusion in terms of how punishment will be meted out under the Act. The PPC only penalises ‘hurt’, with punishment depending on the severity of hurt caused.
Furthermore, Article 14 of the UNCAT concerns compensation for victims of torture or their families. Here too, Pakistan’s law calls for the protection of victims, but fails to enact a fixed mechanism for financially compensating victims. There needs to be a mechanism that allows financial compensation, which can play an important part in the rehabilitative process of the victims.
For any law to be implemented in its true letter and spirit, the stakeholders involved must be sufficiently trained to carry out their relevant duties and responsibilities. Article 10 of the UNCAT talks about educating and informing law enforcement officials about the prohibition against torture. In Pakistan’s case, while Clause 18 of the anti-torture legislation talks about the government’s responsibility to dispense information regarding the Act at regular intervals through the media, it fails to obligate the government to sensitise law enforcement agencies, medical professionals and the judiciary.
Moreover, international best practices demand investigations be carried out under independent empowered bodies to ensure impartiality.
Under Pakistan’s Act, investigative jurisdiction has been granted to the Federal Investigation Agency (FIA), with oversight of the investigations given to the National Commission for Human Rights (NCHR). The inclusion of the NCHR is a critical step in establishing impartiality, and it is of the utmost priority that they be capacitated and given adequate resources to play a more proactive role in the matter.
Lessons from neighbours
So how does Pakistan’s Torture and Custodial Death (Prevention and Punishment) Act, 2022, hold up in comparison to other South Asian countries that have ratified the UNCAT and enacted similar legislation criminalising torture?
This article cross-examines Pakistan’s Act with similar laws passed by Bangladesh, Nepal, and Sri Lanka. For the purpose of this article, South Asian countries were selected because of their cultural, political, and socio-economic similarities and, hence, serve as the best benchmarks to gauge Pakistan’s own progress. Despite being South Asian nations, Bhutan and India have been excluded from this study, given that Bhutan is not signatory to the UNCAT, and India has yet to ratify it despite being a signatory.
The degree of adherence to UNCAT standards was measured across six factors:
Definition of torture:Does the legislation identify torture as both mental and physical?
Legal priority:Does the legislation prevail over other existing laws in the country’s penal code?
Investigation governance:Is the body in charge of conducting torture investigations sufficiently impartial?
Legal protection:Does the legislation provide legal protection for victims and/or complainants who file allegations of torture to the court?
Gender protections:Does the legislation include protections for gender minorities?
Punishment:What are the legal punishments for offence under the legislation? Are they severe enough to deter torture?
Although there are certainly more factors that could be considered, the six identified above capture areas of core controversy and disagreement.
Insights from the comparative study
Comparing Pakistan’s legislation to Bangladesh, Nepal, and Sri Lanka yields significant insights in each area of analysis. While Pakistan’s Act is indeed progressive, and a step towards the right direction, there are several areas that can be improved. These improvements are feasible, given that other South Asian signatories included them within their own legislation.
Definition of Torture
Pakistan is the only country that does not include “mental torture” in its definition of torture. A wealth of medical research indicates that mental torture can often cause lifelong trauma in victims, leading to suicide or decline in mental function. Mental torture must be recognised as a severe form of torture in its own right, which will continue to be used unless explicitly outlawed.
Given that every other South Asian country has included mental torture within their respective definitions, there is no excuse for Pakistan to ignore such a crucial element. One reason for this omission could be the culture of dismissal of mental health in Pakistan.
Legal priority
Each Act contains a provision that gives priority or an overriding effect to torture legislation. This key addition prevents lawmakers and public officials from manipulating contradictory laws within their respective penal codes to justify torture and evade punishments.
That being said, Bangladesh, Nepal, and Sri Lanka all contain an additional provision that explicitly dismisses threats of war or public emergency as justifications for torture. Given the near-constant instability in Pakistan, and the fact that most acts of torture are justified under the auspices of protecting the public from foreign or domestic threats and maintaining order, Pakistan should include a similar provision within its Act.
Investigation governance
While Pakistan vests sole investigative authority in the FIA, this is a tenuous decision for a variety of reasons. Most notably, the FIA is comprised of public officials, often former police officers themselves. As such, the potential for conflict of interest is high as the law makes public officials investigate one another, without any guard against foul play. It is thus of the utmost importance that the NCHR be strengthened, and its current resource constraints and bureaucratic hurdles be addressed so that it may have the capacity to play a more direct investigative role as opposed to an overseer one.
Although Bangladesh and Nepal also mandate that public officials remain in charge of investigations of torture, their legislation criminalising torture contain a variety of addendums that help to ensure impartiality as required by the UNCAT.
Under Article 5 of Bangladesh’s Act, individuals are vested with the authority to appeal for judicial investigation if they believe that the superintendent of the police is ill-suited to investigate the case. Nepal provides the court with the jurisdiction to decide if the investigation requires a superior officer to investigate the case under Article 3.13.
These additions ensure that even when public officials investigate one another, there is an option for the complainant to appeal for a new investigator and that there is a rank differential between the offender and the investigator. While such additions will not eliminate impartiality entirely, they are more in line with the UNCAT’s requirements.
Legal protection
By and large, all countries have similar standards for legal protection. The Sri Lankan law contains additional provisions for the protection of non-citizens who are victims of torture. However, it can be reasonably argued that this is not essential, given existing provisions on the rights of non-citizens within the PPC (Article 4 also extends the Code to “any person in the service of Pakistan in any place without and beyond Pakistan”).
Gender protections
Across the board, each country is lacking specific protections for gender minorities within their legislation. This is unsurprising, given that the UNCAT does not mandate the existence of provisions for gender minorities.
However, Bangladesh and Nepal use male and female gender pronouns within the wording of provisions. Given the embedded patriarchal culture in South Asia, similar language should be used in Pakistan’s legislation criminalising torture. The exclusive use of male gender pronouns could be taken advantage of to say that women and transgender individuals cannot legally qualify as victims of torture.
Punishment
The Pakistani law does not enumerate specific punishments for torture based on the severity of the crime. Instead, Articles 8-10 defer to the PPC in order to determine punishments for offenders.
Given that the PPC does not mention torture, this decision risks rendering the Act inefficient. The explicit threat of a high sentence and fine present in other legislations is more likely to create a deterring effect on the use of torture, as the consequences are clear to potential offenders rather than hidden within archaic legislative provisions.
Moreover, Pakistan and Nepal both punish mala fide, or bad faith, complaints. The punishments established in Article 11 may silence vulnerable victims who lack the resources or knowledge to pursue a lengthy and expensive legal battle.
In view of the above, there is significant room and grounds for improving Pakistan’s anti-torture law. There are potential legislative loopholes in the Act that could be exploited to continue the use of torture without accountability in Pakistan. If we are to move towards equity within our political and legal system, it is imperative that we learn from our neighbours who share our struggles.
Bangladesh, Nepal, and Sri Lanka are certainly not paragons of excellence with regards to legislation criminalising torture. However, analysing their legislation will certainly help Pakistan’s own process of self-improvement. Recognising the importance of The International Day in Support of Victims of Torture means recognising the steps we need to take in order to ensure accountability and end the culture of impunity for perpetrators of torture in Pakistan.
This article has been published in collaboration with Justice Project Pakistan, a non-profit legal action firm based in Lahore that represents the most vulnerable Pakistani prisoners facing the harshest punishments, at home and abroad.
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Shares at the Pakistan Stock Exchange soared on Monday with analysts attributing the rally to revisions made by the government in the budget 2023-24 to allay the International Monetary Fund’s (IMF) concerns.
The benchmark KSE-100 gained nearly 1,034 points to reach 41,100.65 points, or 2.58 per cent around 10:42pm.
Talking to Dawn.com, Intermarket Securities’ Head of Equity Raza Jafri said the pending ninth IMF review, which seemed to have been written off by markets, was now seeing “fresh hope” after the government made changes to the budget and removed import restrictions.
He said cyclicals such as cements and import-dependant sectors such as autos were leading the rebound.
Similarly, Salman Naqvi, the head of research at Aba Ali Habib Securities, attributed the surge to one primary reason —the government’s proximity to striking an IMF deal.
According to Naqvi, “The government has nearly fulfilled the IMF’s requirements and made changes to the budget as desired by the IMF.”
He said it was now anticipated that the IMF loan will be approved.
Naqvi noted that the market had been in an “oversold zone,” experiencing a downward trend for several days, and it required a “breaking news” to trigger improvement, which was witnessed today.
While Naqvi acknowledged that the market volume was still not significantly high, he emphasised that if the IMF loan was approved, it could lead to a substantial market rally.
The National Assembly on Sunday approved the next fiscal year’s budget, which was revised a day earlier to meet IMF conditions in a last-ditch attempt by the government to secure much-needed bailout funds.
“Almost all the irritants between the IMF staff and the Ministry of Finance were addressed hours before the finance minister’s wind-up speech on Saturday,” Dawnquoted an official as saying, adding that the announcement about the successful completion of the ninth review was an IMF’s privilege and just a formality now.
A few days ago, the IMF had raised several issues with Pakistan’s budget for fiscal year 2024, saying that some of the proposed measures went against the EFF programme’s conditionality.
Esther Perez Ruiz, IMF representative for Pakistan, had earlier said Pakistan needed to satisfy the IMF on three counts, including the budget for the upcoming fiscal year, before its board will review whether to release the pending tranche.
For its part, the government had responded to the IMF’s concerns, saying that it was “flexible” on the budget and remained engaged with the international lender to reach an “amicable solution”.
With reserves at critical levels for the past several months, Pakistan is in dire need of an IMF bailout, without which it may default.
The country was expected to get around $1.2 billion from the lender in October last year as part of the EFF’s ninth review. But almost 8 months later, that tranche has not materialised as the IMF says Pakistan has been unable to meet important prerequisites.
Russian Defence Minister Sergei Shoigu appeared for the first time since a deal was struck on Saturday to end what the authorities had called an armed mutiny by the Wagner mercenary group aimed at ousting him.
In a video released on Monday morning by the Russian Defence Ministry, Shoigu was shown flying in a plane with a colleague and hearing reports at a command post run by Russia’s Zapad (West) military grouping.
There was no sound on the video and it was not immediately clear where or when the visit had taken place.
Russia’s Zvezda Defence Ministry TV Channel said Shoigu, who looked physically unharmed and calm, had listened to a report by Colonel General Yevgeny Nikiforov, the group’s commander, about the current situation on the frontlines in Ukraine.
In his mutiny during which he seized control of Russia’s military headquarters in southern Russia, renegade Wagner mercenary boss Yevgeny Prigozhin had demanded that Shoigu and Valery Gerasimov, the chief of the general staff, be handed over to him so that he could “restore justice”.
Prigozhin accused both men of gross incompetence and corruption and had long been agitating for their removal.
Gerasimov has not been seen since in public, and there was no word from the Kremlin about any new personnel changes when it described the deal which had ended the mutiny.
The Kremlin said the question of personnel changes was the sole prerogative of Russian President Vladimir Putin and could hardly have been part of any deal.
Zvezda said Shoigu on his visit had heard about the formation of new reserve forces for the “Zapad” military grouping and had noted what it called the Russian army’s “high efficiency” at “detecting and destroying enemy military equipment and accumulations of personnel in tactical areas”.
He had tasked them with continuing active reconnaissance in order to reveal the enemy’s plans to thwart Ukrainian forces’ movements far behind the frontlines, it said.
Zvezda said Shoigu had also paid particular attention to what it called “the organisation of all-round support for the troops involved in the Special Military Operation and the creation of conditions for the safe housing of personnel.”
Mutineers led by Prigozhin on Saturday advanced towards Moscow to remove what they called Russia’s corrupt and incompetent military leadership, before suddenly heading back to a Russia-held area of eastern Ukraine after a deal with the Kremlin brokered by Belarusian leader Alexander Lukashenko.
The deal, as publicly described by the Kremlin, saw criminal charges against the mutineers dropped in exchange for their return to camps. Prigozhin will relocate to Belarus under the agreement.
China has yet to publicly comment on the rebellion that Putin said threatened Russia's very existence. Western leaders including US President Joe Biden said they were closely monitoring the situation
Climate Change Minister Sherry Rehman on Sunday urged authorities and citizens to be cautious as she warned of possible flooding and landslides due to forecasted pre-monsoon rains across the country from today till June 30.
The warning comes as pre-monsoon rains are expected to begin across the country today, according to an advisory issued by the Pakistan Meteorological Department on June 22.
In a tweet, citing the said advisory, Rehman said: “Pre-monsoon rains are forecast across the country from today to June 30, due to which the current heatwave is likely to subside.
“Between June 25-30, strong winds, thunder and heavy rain are expected in various cities of Punjab — including Islamabad and Rawalpindi — Kashmir, Gilgit-Baltistan and Khyber Pakhtunkhwa,” she said.
The minister went on to add, “Under the influence of this system, windstorms, thunder and heavy rain are likely to occur in various cities of Balochistan, south Punjab and Sindh between June 26-29.”
Rehman warned the public that in the case of heavy rains, “there is a fear of urban flooding in urban areas” while floods and landslides can occur in mountainous areas.
She asserted that all institutions concerned have been instructed to be alert while tourists have also been directed to be cautious.
“Citizens are requested to stay away from vulnerable infrastructure, electricity poles, streams and nullahs during strong winds and rains to avoid any untoward incident,” the minister said.
Light rain predicted in Karachi
Meanwhile, the PMD, in its divisional weather forecast issued today, said, “Hot/very hot weather is likely to prevail in districts of central and upper Sindh.”
It added that an “isolated dust-storm/light rain” was expected in Dadu, Kambar Shahdadkot and Jacobabad districts in the evening and that a “few falls of light rain/drizzle” may also occur in the Tharparker district, Karachi and along the coast during the night/early morning.
Detailing its three-day weather forecast for Karachi, the PMD predicted “partly cloudy/hot and humid” weather with “chances of drizzle/light rain during night/early morning” from June 25-27.
The maximum temperatures are expected to reach between 34-37 degrees Celsius during the same period while the minimum temperatures are expected to remain between 29-31 degrees Celsius.
As per the prior PMD advisory, the areas forecast to receive rain with occasional breaks include Islamabad, Rawalpindi, Murree, Galliyat, Attock, Chakwal, Jhelum, Azad Kashmir, Gilgit-Baltistan, Chitral, Swat, Mansehra, Kohistan, Abbottabad, Haripur, Peshawar, Mardan, Swabi, Nowshera, Kurram, Bannu, Lakki Marwat, Kohat, Mianwali, Sargodha, Hafizabad, Mandi Bahauddin, Sialkot, Narowal, Lahore, Gujranwala, Gujrat, Sheikhupura, Faisalabad, Jhang and Toba Tek Singh.
“Rain/wind-thundershower with isolated heavy falls are also expected in Barkhan, Loralai, Sibbi, Naseerabad, Kalat, Khuzdar, Zhob, Ziarat, Musakhel, Dera Ismail Khan, Karak, Waziristan, Dera Ghazi Khan, Rajanpur, Multan, Bhakkar, Layyah, Kot Addu, Bahawalpur, Bahawalnagar, Sahiwal, Pakpattan and Okara from June 26-29,” the PMD had said.
It had forecast the same in Sukkur, Jacobabad and Larkana on June 27-28.
“Heavy rainfall may cause urban flooding in low-lying areas of Islamabad, Rawalpindi, Peshawar, Gujranwala, Lahore on June 26-27, and may trigger landslides in the vulnerable areas of Murree, Galliyat, Kashmir, Gilgit Baltistan and hilly areas of Khyber Pakhtunkhwa,” the PMD warned.
“Heavy rain may cause flash flooding in hill torrents of Dera Ghazi Khan and adjoining areas of north-east Balochistan on June 27,” it said.
The Met Department also advised farmers to “manage their agricultural activities keeping view the weather forecast”.
Meanwhile, the National Disaster Management Authority had also shared precautions to be taken by citizens keeping in view the risk of a Glacial Lake Outburst Flood (GLOF) in mountainous regions due to the melting of glaciers because of the ongoing heatwave.
The warning had directed the areas concerned to remain alert and advised tourists to not travel to or stay in areas where a GLOF was possible.
Monsoon hits Delhi, Mumbai same day after over 60 years
Meanwhile, monsoon rains hit India, which recently faced the brunt of Cyclone Biparjoy earlier this month, overnight in a schedule rarely seen.
“Heavy rain lashed Delhi and Mumbai overnight as the monsoon reached both cities together in a rare event,” NDTVreported.
Citing the India Meteorological Department (IMD), it added that while the monsoon hit Delhi “two days earlier than schedule, its entry into Mumbai is two weeks late”.
The “last time when monsoon covered both Mumbai and Delhi around the same time was on June 21, 1961”, NDTV stated.
It quoted the IMD as saying that “Mumbai and its suburbs received heavy rain in the last 24 hours, resulting in waterlogging and traffic snarls at various places”. The city is expected to receive more showers during the day, the IMD added.
The weather office has issued an “orange alert” for Raigad and Ratnagiri as heavy rainfall lashed parts of Maharashtra while it has issued a “yellow alert” for Palghar, Mumbai, Thane, and Sindhudurg, NDTV said.
