Updated: Friday January 24, 2014/AlJumaa
Rabi' Awwal 23, 1435/Sukravara
Magha 04, 1935, at 08:41:25 PM
The Protection of
Ordinance No. IX of 2013
31st October, 2013
An
Ordinance
to provide for protection against waging of war against
the prevention of acts threatening the security of
WHEREAS it is expedient to provide
for protection against waging of war against Pakistan, prevention of acts
threatening the security of Pakistan and for speedy trial of offences falling
in the Schedule annexed to this Ordinance and for matters connected therewith
or incidental thereto;
AND WHEREAS pursuant to the directions of the Hon’ble
Supreme Court in cases of civil disturbance in different parts of the Country,
it has become imperative to promulgate a law in order to give effect to such directions;
AND WHEREAS the Senate and the
National Assembly are not in Session and the President is satisfied that the
circumstances exist which render it necessary to take immediate action;
NOW, THEREFORE, in exercise of the
powers conferred by clause (1) of Article 89 of the Constitution of the Islamic
Republic of Pakistan, the President is pleased to make and promulgate the
following Ordinance:---
1. Short title, extent and
commencement.-(1) This Ordinance
may be called the Protection of Pakistan Ordinance, 2013.
(2) It extends to the whole of
(3) It shall come into force on such date or dates as the Federal Government
may appoint in this behalf and different dates may be appointed for different
provisions of this Ordinance.
2. Definitions.- In this Ordinance, unless there is anything repugnant in the
subject or context,---
(a) “Armed forces” means the Military, Naval and Air Forces of Pakistan and the
Reserves of such Forces;
(b) “Civil armed forces” means Police, Frontier Constabulary, Frontier Corps,
Pakistan Coast Guards, Pakistan Rangers or any other civil armed force notified
by the Government as such;
(c) “Code” means the Code of Criminal Procedure, 1898
(Act V of 1898);
(d) “Enemy alien” means a person who fails to establish his citizenship of
Pakistan and is suspected to be involved in waging of war or insurrection
against Pakistan or depredation on its territory, by virtue of involvement in
offences specified in the Schedule;
(e) “
(f) “Police” includes all the police forces established by the Provincial
Governments;
(g) “Government” means the Federal Government;
(h) “Prosecutor General” means the person appointed as Prosecutor General by
the Government under this Ordinance;
(i) “Prosecuting agency” means a prosecuting agency established by the Government
for the prosecution of offences falling under this Ordinance;
(j) “Schedule” means a Schedule annexed to this Ordinance;
(k) “Scheduled offence” means an offence as set out in the Schedule annexed to
this Ordinance; and
(l) “Special Judicial Magistrate” means the Special Judicial Magistrate
appointed under section 7.
3. Use of armed forces and civil armed forces to prevent scheduled offences.-(1)
Any police officer, or member of the armed forces, or civil armed forces who is
present or deployed in any area may, on reasonable apprehension of commission
of a scheduled offence after giving sufficient warning, use the necessary force
to prevent the commission of a scheduled offence, and in so doing shall, in the
case of an officer of the armed forces or civil armed forces, exercise all the
powers of a police officer under the Code.
(2) In particular and without prejudice to generality of sub- section (1), an
officer of the police, armed forces and civil armed forces may,---
(a) after giving prior warning use such force as may be deemed necessary or
appropriate, keeping in view all the facts and circumstances of the situation,
against any person who is committing or in all probability is likely to commit
a scheduled offence, it shall be lawful for any such officer after forming
reasonable apprehension that death, grievous hurt or destruction of property
may be caused by such act, to fire, or order the firing upon any person or persons
against whom he is authorized to use force in terms hereof;
(b) any police officer , a member of the armed forces or civil armed forces
acting in aid of civil authority may arrest, without warrant, any person
who has committed a scheduled offence or against whom a reasonable suspicion or
credible information exists that he has committed, or is about to commit any
such act or offence; and
(c) any such officer may enter and search, without warrant any 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.
(3) Nothing contained in sub-section (1) or sub-section (2) shall affect the
provisions of Chapter IX of the Code and the provisions of section 132 of the
Code shall apply to any person acting under this section.
4. Application of Code.-The
provisions of the Code
of Criminal Procedure, 1898 (Act V of 1898) in so far as these are not inconsistent with the procedure provided in
this Ordinance shall be applicable to inquiries, investigations and trial of
the Scheduled Offences.
5. Investigations.-(1) All the
scheduled offences shall be cognizable and non-bailable.
(2) All scheduled offences shall be inquired into and investigated by a Joint
Investigation Team comprising of one gazzetted police officer and two officers
from the armed forces/civil armed forces acting in aid of civil authority.
(3) Whenever a person is arrested or detained in custody under clause (b) of
sub-section (2) of section 3 and it appears that the inquiry or investigation
cannot be completed within the period of twenty-four hours, a member of Joint
Investigation Team or any other officer acting under him, excluding the time
necessary for journey from the place of arrest or detention to the court shall
produce him before a Special Judicial Magistrate and may apply for remand of
the accused to the custody of the police or custody of any other investigating agency.
(4) A Special Judicial Magistrate may authorize, from time to time, the
detention of the accused in such custody as such Special Judicial Magistrate
thinks fit for a term not exceeding ninety days:---
Provided that all such reports requesting for further custody of the accused
shall be submitted through the Public Prosecutor.
(5) A person arrested or detained under this Ordinance whose identity is
unascertainable shall be considered as an enemy alien and, subject to
provisions of section 14, he shall be presumed to have joined waging war or
insurrection against Pakistan:---
Provided that for the purposes of this Ordinance, such alien shall include a
Commonwealth citizen.
6. Preventive Detention.-The
Government may by an order in writing issued by the Secretary Ministry of
Interior, or any officer, not below the rank of BPS-21, specifically designated
in this behalf, authorize the preventive detention of a person for a period not
exceeding ninety days if there are grounds to infer that such person is acting
in a manner prejudicial to the integrity, security, defense of Pakistan or any
part thereof, or external affairs of Pakistan, or public order or maintenance
of supplies and services;
Explanation I: A person connected or likely to be connected with the commission
of a scheduled offence or a person falling under sub-section (5) of section 5
shall be deemed to be a person acting in the manner stated above:---
Provided that detention of such person shall be regulated in accordance with
the provisions of Article 10 of the Constitution:---
Provided further that by virtue of clause (9) of Article 10 of the Constitution, an enemy alien
may be detained by the Government for such period as may be determined by it
from time to time.
7. Report.-Upon completion of
investigation, the Joint Investigation Team shall, through the Public
Prosecutor, submit a report before the
Provided further that notwithstanding anything contained in the Qanun-e-Shahadat, 1984 (P.O.10
of 1984), such report shall be admissible in evidence against the accused.
8. Establishment of Special Courts etc.-
(1) The Government may establish as many Special Courts under this Ordinance as
determined by it.
(2) The Government, in consultation with the Chief Justice of the concerned
High Court, may appoint any person as judge of the
(3) A judge
(4) The Government may provide security of tenure to a judge of the
(5) The Government may, in consultation with the Chief Justice of the concerned
High Court, appoint any Magistrate of the First Class serving as a member of
the subordinate judiciary under any High Court or any other officer of not less
than BPS-18 of the Pakistan Administrative Service or Provincial Management
Service of any Province as Special Judicial Magistrate.
(6) The Special Judicial Magistrate shall have all the powers of Magistrate
First Class provided under the provisions of the Code, unless these are
inconsistent with the provisions of this Ordinance.
9. Place of inquiries, investigations
and trials etc.- (1) The Government, on the report of a prosecuting agency,
shall determine the place of custody, inquiry, investigation and trial of a
scheduled offence anywhere in
(2) A person convicted of a scheduled offence subject to direction of the
Government may be confined at any place in
10. Establishment of Prosecuting Agency.-
The Government shall establish an independent Prosecuting Agency headed by a
Prosecutor General in order to provide consultation and legal guidance to the investigating
agency and to conduct the prosecution of scheduled offences.
11. Prosecutor General.-(1) The
Government may appoint any person as Prosecutor General who is not less than
forty-five years of age and has been an Advocate of the High Court for a period
of not less than ten years.
(2) The Prosecutor General may issue instructions and guidelines for the
competent investigation and effective prosecution of the cases of scheduled
offences.
(3) The Prosecutor General may, with prior approval of the Government, withdraw
from the prosecution of any accused in a case pending before any Special Court
and on submission of such request the Court shall discharge or acquit the
accused from the case as it may deem fit.
12. Protection of judges,
prosecutors and witnesses etc.- The Government shall take appropriate measures
to provide adequate security to the prosecution witnesses, investigating
officers, prosecutors, Special Judicial Magistrates and Judges of the Special Courts
and for this purpose may establish, anywhere in Pakistan, safe houses and high
security prisons with court rooms.
13. Joint trial.- (1) While trying
any offence under this Ordinance, a
(2) If, in the course of any trial under this Ordinance of any scheduled
offence it is found that the accused person has committed, in addition, any
other offence under any other law for the time being in force, the Special
Court may convict an accused for such other offence also and pass any sentence
authorized by this Ordinance or, as the case may be, such other law.
14. Burden of proof.- An accused
facing the charge of a scheduled offence on existence of reasonable evidence
against him, shall be presumed to be engaged in waging war or insurrection
against
15. Punishments.- Notwithstanding
anything contained in the Pakistan Penal Code or any other law for the time
being in force, the scheduled offence shall be punishable with imprisonment
which may extend to ten years, with fine and confiscation of property unless
the scheduled offence already provides a higher punishment.
16. Transfer of cases.- (1) Where,
after taking cognizance of an offence, a
(2) The Prosecutor General may, with the consent of the Chief Justice of High
Court concerned, at any stage of proceedings, withdraw a case from any court
established under any other law or from a Special Court and submit the same
before any other Special Court and such Special Court shall proceed with the
case from the stage at which it was pending.
17. Certain provisions of the Code not
applicable.- The provisions of sections 374, 426, 435, 439, 439A, 491, 496,
497, 498 and 561A of the Code shall not be applicable to the scheduled
offences.
18. Appeal.- (1) An appeal against
the final judgment of a
(2) Copies of the judgments of a
(3)Any aggrieved person or the Government may file an appeal against the final
judgment of a
19. Savings.- No member of the
police, armed forces or civil armed forces acting in aid of civil authority,
Prosecutor General, prosecutor, Special Judicial Magistrates or the Judge of a
Special Court shall be liable to any action for the acts done in good faith during
the performance of their duties.
20. Power to make rules.- The
Government may from time to time make rules to carry out the purposes of this
Ordinance and may also amend, delete or add any offence in the Schedule by
publication of a notification in the official gazette.
SCHEDULE
[See section 2(i)]
Scheduled Offences (1) The following acts, if committed with the purpose of
waging war against Pakistan or threatening the security of Pakistan shall be
the scheduled offences and includes other offences relating to:---
(i) acts that are calculated to influence or affect the conduct of Government
by intimidation or coercion, or to retaliate against government conduct;
(ii) crimes against ethnic, religious and political groups or minorities
including offences based on discrimination, hatred, creed and 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 or destroy property;
(iv) use of arson and bombs on public places, government premises, sites of
worship, historical places, business concerns, or other places, and risking or
causing death to any person therein;
(v) killing, kidnapping, extortion, assault or attack of members of the Parliament,
Judiciary, Executive, Media, and other important personalities;
(vi) killing, kidnapping, extortion, assault or attack on officers and
employees of
(vii) killing, kidnapping, extortion, assault or attack on foreign
officials, official guests, tourists, foreign visitors, or internationally
protected persons etc;
(viii) killing, kidnapping, extortion, assault or attack on social or
welfare workers, including health personnel, aid workers, and volunteers;
(ix) destruction of or attack on communication and interaction lines,
devices, grids, stations, or systems etc;
(x) destruction of or attack on energy facilities
including dams, power generating and distributing systems including stations, lines
and poles;
(xi) destruction of or attack on aircrafts and airports, attack
on flight crew with any weapon or endangering human life by means of weapons on
aircrafts;
(xii) destruction of or attack on gas or oil pipelines and liquid or
natural gas facilities and other means of their transport including tankers;
(xiii) destruction of or attack on of national defense materials, premises,
utilities, and installations including check posts, prisons and other fixtures;
(xiv) crimes against computers including cyber crimes, internet offenses
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 fixed platforms,
shipping and port installations and other maritime fixtures;
(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
(xx) transcending or crossing national boundaries.
(2) Offences Punishable under Sections 121, 121A, 122, 123, 123A, 123B, 124,
124A, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139
and 140 of the Pakistan Penal Code.
(3) Any abetment or conspiracy to commit any of the above offences.
MAMNOON HUSSAIN
PRESIDENT
Go to Index
| LL. B. – I | LL. B. – II
| LL. B. – III | LL. B.
Directory | Home