This document establishes a regulation to provide actions in aid of civil power in the Provincially Administered Tribal Areas of Pakistan. It defines key terms and authorizes the Armed Forces to take actions like armed action, internment, and property seizure to counter threats from miscreants. It establishes an Interning Authority to order internment of individuals and maintain internment centers. The regulation aims to authorize Armed Forces actions while ensuring they comply with law and procedure during counter-insurgency operations.
What sections of AFSPA are opposed by activists?
Critically examine AFSPA, its history, uses, causes for its opposition, legal view of Courts and current debate surrounding it
AFSPA has been force in NE states like Assam ,Manipur etc. and J&k where militancy has taken great toll . It is necessary for Operation of Armed Forces but is being opposed by local .
What sections of AFSPA are opposed by activists?
Critically examine AFSPA, its history, uses, causes for its opposition, legal view of Courts and current debate surrounding it
AFSPA has been force in NE states like Assam ,Manipur etc. and J&k where militancy has taken great toll . It is necessary for Operation of Armed Forces but is being opposed by local .
Case law Aghnoo Nagesia Vs State of BiharJonika Lamba
Case law Aghnoo Nagesia Vs State of Bihar
Criminal - first information report - Sections 302 and 304-A of Indian Penal Code, 1860, Sections 8, 17 to 31, 145 and 157 of Indian Evidence Act,1872, Sections 154, 162 and 164 of Criminal Procedure Code, 1898 and Article 22 of Constitution of India - appellant was charged under Section 302 - convicted and sentenced to death by Judicial Commissioner - High Court confirmed conviction and sentence - first information of offences lodged by appellant himself at police station - contended that entire statement is confession made to police officer and not provable against appellant having regard to Section 25 of Indian Evidence Act, 1872 - person directly giving to police officer information which may be used as evidence against him may be deemed to have submitted himself to custody of police officer within meaning of Section 27 - separability test is misleading and entire confessional statement is hit by Section 25 save and except as provided by Section 27 - conviction set aside by Supreme Court.
This is and independent transcription from the originial spanish indictment of the National Court of Spain about the Couso's case, dated in October 4th, 2011.
The South African Reserve Bank has published a final investigation report into the fraud at VBS Mutual Bank and recommended more than 50 people be criminally charged. This includes the bank's former executives and their associates, shareholder executives, politicians and their relatives and auditors who signed off on the bank's "fraudulent" financials.
The men in uniform are required to be equipped with suitable powers to assist the civil administration in areas notified as disturbed or dangerous. The presentation attempts to highlight diverse issues about the competence of the government and constitutionality of the provisions in this regard.
Case law Aghnoo Nagesia Vs State of BiharJonika Lamba
Case law Aghnoo Nagesia Vs State of Bihar
Criminal - first information report - Sections 302 and 304-A of Indian Penal Code, 1860, Sections 8, 17 to 31, 145 and 157 of Indian Evidence Act,1872, Sections 154, 162 and 164 of Criminal Procedure Code, 1898 and Article 22 of Constitution of India - appellant was charged under Section 302 - convicted and sentenced to death by Judicial Commissioner - High Court confirmed conviction and sentence - first information of offences lodged by appellant himself at police station - contended that entire statement is confession made to police officer and not provable against appellant having regard to Section 25 of Indian Evidence Act, 1872 - person directly giving to police officer information which may be used as evidence against him may be deemed to have submitted himself to custody of police officer within meaning of Section 27 - separability test is misleading and entire confessional statement is hit by Section 25 save and except as provided by Section 27 - conviction set aside by Supreme Court.
This is and independent transcription from the originial spanish indictment of the National Court of Spain about the Couso's case, dated in October 4th, 2011.
The South African Reserve Bank has published a final investigation report into the fraud at VBS Mutual Bank and recommended more than 50 people be criminally charged. This includes the bank's former executives and their associates, shareholder executives, politicians and their relatives and auditors who signed off on the bank's "fraudulent" financials.
The men in uniform are required to be equipped with suitable powers to assist the civil administration in areas notified as disturbed or dangerous. The presentation attempts to highlight diverse issues about the competence of the government and constitutionality of the provisions in this regard.
SCs and STs (PoA) Rules 1995. This contains the bare Rules. Use along with the set of 10 files (POA 1 to POA 9) to monitor its implementation using the Right to Information Act 2005 (RTI).
It can also be accessed at http://socialjustice.nic.in/poa-act.php
More on the Act and its implementation can be accessed at the WIKI page:
http://en.wikipedia.org/wiki/Scheduled_Caste_and_Scheduled_Tribe_(Prevention_of_Atrocities)_Act,_1989
Use along with the set of files (POA 1 to POA 9) to monitor its implementation using the Right to Information Act 2005 (RTI).
Download the whole set and use!
FATA Regulation to Amend the Frontier Crimes Regulation-FCR (August 2011)fatanews
This document contains only the amendments to the regulation. The new complete amended and updated version of the regulation can be downloaded at the following link: http://www.slideshare.net/fatanews/frontier-crimes-regulation-1901-amended-2011-english-16663284 --- Subscribe to our email newsletter at http://eepurl.com/qnf75
Struggle for Rights and Reforms in Pakistan Tribal Areas (Nov 2014 Report)fatanews
Link: http://bit.ly/fatareport | As Printed in the November 2014 Report: FATA Faces FATA Voices.
Shackled for more than one hundred years under an outdated British law, the Federally Administered Tribal Areas (FATA) of Pakistan has been plagued by instability extending well beyond its colonial-era border with Afghanistan. Excluded from essential provisions of the Constitution of the Islamic Republic of Pakistan, the tribal areas are administered through a legal and administrative regulation known as the Frontier Crimes Regulation (FCR), originally imposed in 1901. No act of the Parliament of Pakistan applies to FATA unless extended by special orders from the President of Pakistan. Furthermore and despite the continuous struggle of the people there, FATA enjoys no elected representation at local or provincial levels, and until 1996 tribal citizens had no universal voting rights in elections for the National Assembly of Pakistan.
Link: http://bit.ly/fatareport | Reports and Photographs from the Federally Administered Tribal Areas (FATA) in Pakistan.
Published in November 2014, the report features photos taken by young photographers from FATA, examples of everyday life in Mohmand, Khyber, Kurram and South Waziristan agencies. Images of the iconic Khyber Pass and many towns along the border with Afghanistan lend a real-life dimension to this largely unknown, and often ignored or misrepresented region of Pakistan. In a part of the world where photography is uncommon, these photographs depict subtle interactions of FATA citizens at work, at school and during informal moments throughout the tribal areas.
The report text, entitled "The Struggle for Rights and Reforms in Pakistan's Tribal Areas" describes the history and trajectory of reform demands made by Pakistani citizens, civil society groups and the people of FATA. Also included are quotes from citizens and political leaders, collected to show opinions and visions for the future of FATA. Voices included demonstrate a strong desire for equal rights and equal participation in the context of Pakistan's evolving democracy.
For those who know the tribal areas well, this report may serve as a reminder of the great number of Pakistanis working for a brighter future for FATA. For those previously not aware of the political activities in FATA, the report may provide a new and unique glimpse at the diverse richness of the culture and people in Pakistan's tribal areas.
The 75 photographs were carefully selected from over 1,000 that were submitted for review. All are from young photographers between the ages of 17 and 30, from varied socio-economic backgrounds in FATA. Without their efforts and talent, the report would not have been possible. Many thanks to the photographers--and those featured in their work--for the privilege of sharing these images and the stories they tell.
Photographers: Alimgir Khan, Ammad Ahmed Khan, Azmatullah, Faryal Mohmmand, Faisal Khan, Huma Gul, Irfan Ali, Jebran Yousefzia, Rizwan Bhittani, Rohida, Saba Rehman, Sara Qayum, Seema Gul and Shah Jehan.
Notice to NGOs to Hire Staff from FATA (SAFRON Ministry, 11 Nov 2014)fatanews
After receiving direction from the SAFRON Committee in the National Assembly, the SAFRON Ministry has informed NGOs working in FATA that they should hire the maximum number of employees with FATA domicile and not with Khyber Pakhtunkhwa domicile.
FATA Governance Reforms: Issues and Way Forward (Urdu, CGPA Policy Brief, Oct...fatanews
English version available at: https://www.slideshare.net/fatanews/cgpa-fata-reforms-policy-brief-2014-october --- CGPA policy brief for Pakistan lawmakers to inform debate on legal and political reform for the Federally Administered Tribal Areas (FATA). A timely report when the Senate considers a constitution amendment bill and MNA discussions are underway.
This FATA Reforms News Summary is a 37-page document containing a selection of opinion and news articles regarding recommendations for further reforms in Pakistan's Federally Administered Tribal Areas (FATA). The summary document contains articles, legal documents and other resources from June to October 2014.
The reforms priorities in the document include a Constitution amendment bill presented in the Senate of Pakistan to extend the jurisdiction of High Court and Supreme Court to FATA, a resolution put forward in the National Assembly to shift legislative powers for FATA from the President to the parliament, a new policy brief on FATA reforms by the Centre for Governance and Public Accountability (CGPA), a FATA Committee press release urging equal rights for North Waziristan IDPs, a summary and analysis of the recent Peshawar High Court judgment regarding FATA jurisdiction, and others.
CGPA FATA Reforms Launch Invitation (21 Oct 2014)fatanews
A Center for Governance & Public Accountability (CGPA) policy brief for Pakistan lawmakers to inform debate on legal and political reform for the Federally Administered Tribal Areas (FATA). FATA Governance Reforms: Issues and Way Forward is a timely report as the Senate considers a constitution amendment bill and MNA discussions are underway.
Policy Brief PDF Link: http://bit.ly/cgpafata
FATA Governance Reforms: Issues and Way Forward (CGPA Policy Brief, October 2...fatanews
Urdu version available at: http://www.slideshare.net/fatanews/fata-governance-reforms-issues-and-way-forward-urdu-cgpa-policy-brief-october-2014 --- CGPA policy brief for Pakistan lawmakers to inform debate on legal and political reform for the Federally Administered Tribal Areas (FATA). A timely report when the Senate considers a constitution amendment bill and MNA discussions are underway.
Peshawar High Court FATA Judgment Analysis (2014)fatanews
Article 1(c) of the Constitution of the Islamic Republic of Pakistan defines the Federally Administered Tribal Areas (FATA) as part of the Republic’s territories in addition to the four provinces of Balochistan, Khyber Pakhtunkhwa, Punjab, Sindh and the Islamabad Capital Territory. Chapter 1 (Articles 8-28) of the Constitution guarantees Fundamental Rights to the citizens in the territories of the Republic. The Fundamental Rights, inter alia, include the security of person, safeguard as to arrest and detention, the right to fair trial, freedom of movement, assembly, association, speech, and equality of citizens. Article 8 of the Constitution provides that any law, custom or usage having the force of law, which is inconsistent or in derogation of the Fundamental Rights is void.
In contrast to the spirit of the Constitution and the Fundamental Rights contained therein, there exists no judicial forum for the enforcement of Fundamental Rights in FATA. Justice in FATA is dispensed through a quasi-judicial system in accordance with the provisions of a colonial law known as the Frontier Crimes Regulation (FCR) 1901. The FCR concentrates all judicial and executive powers in the office of the Political Agent/Deputy Commissioner, a senior civil servant of the federal government. In contravention of due process of law, citizens in FATA have no right to fair trial and have little safeguard against arbitrary arrest and detention.
Because of its geographical proximity to Khyber Pakhtunkhwa, , the people of FATA often approach the Peshawar High Court (PHC) for the enforcement of their Fundamental Rights, despite the bar of jurisdiction of the High Courts under Article 247(7) of the Constitution. Several petitions relating to FATA were filed in the PHC during 2013 and 2014, related to four broad categories: 1) illegal detentions by political agents in FATA, 2) service matters of the employees working in FATA, 3) contract matters, and 4) Fundamental Rights. In order to address these petitions in accordance with constitutional provisions, the PHC constituted a “larger bench” for the hearings. The Court also appointed seven eminent amicus curiae to assist it on eight specific points.
The Court, after hearing arguments from counsels for the parties and submissions of the amicus curiae, wherein all the previous judgments of the superior courts were exhaustively discussed (see annex for details), considered the matter and passed its judgment on April 7, 2014. The judgment highlights the contradictions in the enforcement of Fundamental Rights and safe administration of justice in FATA. The Court arrived at the conclusion that it has no jurisdiction in areas that constitute FATA except in relation to the terms and conditions of service of the civil servants, development contracts and detentions that violate Section 86-A of the Criminal Procedure Code of Pakistan.
The mandate of the commission is to formulate and propose clear strategic objectives, strategies, policies and action plans and put forward recommendations for the approval of the Governor Khyber Pakhtunkhwa. The Commission will also overview the implementation of the reform initiatives and propose “mid-course corrections” as and when required.
Mapping PCNA Investments in FATA (January 2014)fatanews
A report of the Post-crisis Needs Assessment implementation support unit for FATA, this document details the previous and ongoing investments in the tribal areas, particularly focusing on areas of work and reform identified in the PCNA document. Complete PCNA document can be found here: http://www.slideshare.net/fatanews/postcrisis-needs-assessment-pcna-for-fata-and-khyber-pakhtunkhwa
Post-crisis Needs Assessment (PCNA) for FATA and Khyber Pakhtunkhwa (Septembe...fatanews
As assessment of needs in FATA and KP as part of the World Bank-implemented Multi-donor Trust Fund project. The document includes concrete recommendations for administrative, political and legal reforms for Pakistan's tribal areas.
The FATA Reforms news update below is a 16-page document containing a selection of opinion and news articles regarding recommendations for further reforms in Pakistan's Federally Administered Tribal Areas (FATA). The summary document contains articles from April to May 2014.
The reforms priorities in the document include the establishing of a new FATA Reforms Commission by recently appointed Khyber Pakhtunkhwa Governor Sardar Mehtab Ahmed Khan, the historic April 7, 2014 judgment of the Peshawar High Court regarding FATA jurisdiction and Article 247 of the constitution, and calls for greater transparency in the tribal areas and others.
Details previous elected National Assembly deputies as well as electoral roll data for the May 2013 elections. Briefing courtesy of http://www.slideshare.net/tayyebafridi
Peshawar High Court Judgment on FATA Jurisdiction (April 2014)fatanews
MAY 6, 2014: The Peshawar High Court (PHC) on Monday advised the federal government to submit a reference in the Parliament for suitable amendments to the Constitution with an aim to protect fundamental human rights in the tribal region. The advice was given by a larger bench in a detailed judgment over matters related to illegal detentions and issues of government servants.
The PHC on Monday issued a 46-page judgment related to Fata, in which a larger bench comprising the then PHC chief justice Mian Fasihul Mulk, present Chief Justice Mazhar Alam Miankhel, Justice Yahya Afridi, Justice Qaiser Rasheed and Justice Malik Manzoor Hussain declared that the high court had jurisdiction to hear cases of the employees of provincial and federal governments serving in Fata.
About arrest of people from settled areas by the political administration, the bench declared that the high court could assume its jurisdiction in illegal arrest by the political administration. The bench stated that the arrest would be illegal if political administration did not fulfil procedure under section 86-A of the Criminal Procedure Code (CrPC), before shifting the arrested persons to tribal areas from the settled areas.
The bench declared that the high court had jurisdiction to hear the cases if the incident or any other agreements on business and other matters took place in settled areas between private parties and action was taken by the political authorities.
The bench said the court would decide its jurisdiction in the service maters of those employees who were directly appointed by the political authorities when such cases come to the court for hearing.
However, the bench declared that the high court had no jurisdiction to hear cases related to various matters occurring in Fata and illegal arrests of tribal people there.The judgment said the political agents’ basic duty was to run the administrative affairs of various tribal agencies, but at the same time they also act as judge and sentenced the tribal people under the FCR.
The bench declared that there was no system to control the unlimited powers of the political agents and that was why they were committing serious violations of fundamental human rights and giving decisions on their own free will and under sub-Article 7 of Article 247 of Constitution their divisions are not challenged in the high court.
Therefore, the court declared sub-article 7 of Article 247 of the Constitution inconsistent with articles related to fundamental rights and advised the federal government to submit a reference in the parliament for suitable amendments to the said article.
“We are advising the federal government to submit a reference in the National Assembly and Senate for suitable amendments in sub-article 7 of Article 247 of the Constitution. People of Fata are citizens of Pakistan, but imposing restriction through this article of the Constitution against tribal people to get fundamental rights.
Local Government in FATA: Failures, Challenges, Prospects (FATA Research Cent...fatanews
ISLAMABAD, April 22, 2014: The tribal people demanded immediate extension of local governments system to tribal territories to mainstream the Federally Administered Tribal Areas both politically and socially with rest of the country.
This was the crux of a Study Report titled "Local Government in FATA: Past Failures, Current Challenges and Future Prospects" launched by Islamabad-based think tank - FATA Research Center - at a local hotel here on Tuesday.
The report is prepared after conducting extensive surveys, interviews and round tables conferences with different stakeholders including tribal people, elders, political and legal experts, academia, media men and government officials.
Speaking at a launching ceremony as a chief guest, Federal Minister for State and Frontier Regions (SAFRON) Lt Gen (R) Qadir Baloch, said the findings of the report are manifesting the fact that tribal people are politically aware and demanding participation in affairs of the state through democratically elected bodies.
The minister elaborated that we haven't decided yet about the date of conducting local bodies elections in entire of Pakistan and will introduce the local government system in FATA before its elections.
Local Government Reforms in Pakistan: Context, Content and Causes fatanews
This paper examines the recent decentralization reforms in Pakistan under
General Musharraf. We highlight major aspects of this reform and analyze its
evolution in a historical context to better understand potential causes behind this
current decentralization. Analyzing the evolution of local government reforms in
Pakistan is interesting because each of the three major reform experiments has
been instituted at the behest of a non-representative centre using a ‘top down’
approach. Each of these reform experiments is a complementary change to a
wider constitutional reengineering strategy devised to further centralization of
political power in the hands of the non-representative centre. We argue that the
design of the local government reforms in these contexts becomes endogenous to
the centralization objectives of the non-representative centre. It is hoped that
analyzing the Pakistani experience will help shed light on the positive political
economy question of why non-representative regimes have been willing
proponents of decentralization to the local level.
Impediments to Integrating FATA in Pakistan Mainstream (2009, Muhammad Tayyab...fatanews
This paper aims to analyze the impediments involved in integration of the FATA in the national mainstream of Pakistan with a view to make suitable recommendations. This paper briefly discusses the historical background and provides a short overview of the administrative, judicial, political and socio-economic aspects of the FATA. In assessing the underlying causes of the FATA problem, this paper suggests a significant change to the FATA’s status quo as an essential and effective measure. To understand the FATA conundrum, case studies of handling Pashtuns residing in the region of the NWF by British, Soviets and later by Pakistan have been done. It has provided a better understanding and apt analysis of the current situation. The paper also addresses the concerns of Pakistan on the involvement of foreign hand in destabilizing the situation inside the FATA and other parts of Pakistan. As the credibility of such like information is always difficult to ascertain; therefore, occasional release of related news in the media and comments of senior Pakistani officials and journalist have been used as base facts for drawing relevant conclusion.
The world at large and Pakistanis in particular have to unveil forces working behind the scenes in the FATA. In addition, an effective reform package with a potent media campaign is required to go in to the FATA, thereby not only making the locals aware of the sensitivity of the problem of extremism coupled with terrorism in their society but to make the reminder of Pakistanis also realize that the FATA requires a national effort of integration which cannot be left to only one component of government i.e. Army and other LEAs.
Impediments to Integrating FATA in Pakistan Mainstream (2009, Muhammad Tayyab...
PATA Actions in Aid of Civil Power (June 2011)
1. REGISTERED No. M - 302
L.-7646
EXTRAORDINARY
PUBLISHED BY AUTHORITY
ISLAMABAD, MONDAY, JUNE 27, 2011
PART I
Acts, Ordinances, President's Orders and Regulations
GOVERNMENT OF PAKISTAN
STATES AND FRONTIER REGIONS DIVISION
Islamabad, the 27th June, 2011
A
REGULATION
to provide for actions in aid of civil power in the Provincially Administered
Tribal Areas
ENo. 11(5)Pn/2011.-W~ER~AS there exists grave and unprecedented
threat to the territorial integrity of Pakistan by miscreants and foreign funded
elements, who intend to assert unlawful control over the territories of Pakistan
and to curb this threat and menace, Armed Forces have been requisitioned to
carry out actions in aid of civil power;
ANDWHEREAS continuous stationing of Armed Forces in territories, that
have been secured from miscreants in the Provincially Administered Tribal Areas,
is necessary and it is, therefore, imperative that a proper authorization be given to
the Armed Forces to take certain .measures for incapacitating the miscreants by
interning them during the continuation of the actions in aid of civil power and it is
also necessary to ensure that Armed Forces carry out the said operation in
accordance with law;
(24 1)
[566(201l)/Ex. Gaz.] Price : Rs. 20.5Q
2. 242 THE GAZEITE OF PAKISTAN, EXTRA., JUNE 27, 201 1 [PART
I
AND WHEREAS the miscreants are no longer loyal and obedient to the State
and Constitution of the Islamic Republic of Pakistan;
AND WHEREAS to address this situation, the Federal Government have
directed Armed Forces to act in aid of civil power to counter this threat to the
solidarity and integrity of Islamic Republic of Pakistan while being subject to the
law provided hereinafter;
Now. THEREFORE, in exercise of powers conferred by clause (4) of Article
247 of the Constitution of Islamic Republic of Pakistan, the President is pleased to
make the following Regulation, namely:-
1. Short title, application and commencement.-(l) This Regulation
may be called the Actions (in Aid of Civil Power) Regulation, 201 1.
(2) It shall be applicable to the Provincially Administered Tribal Areas of
Khyber Pakhtunkhwa.
(3) It shall come into force at once and shall be deemed to have taken
effect from the 1st February, 2008.
CHAPTER-I
DEFINITIONS
2. Definitions.-In this Regulation, unless there is anything repugnant
in the subject or context-
(a) "Armed Forces" means the Pakistan Amy, Pakistan Air Force and
Pakistan Navy and includes civil armed forces;
(b) "Armed action" means instances of actual fighting or military
engagement or hostilities or combat of the Armed Forces against the
miscreants during the actions in aid of civil power;
(c) "calling-in-aid of civil power" means a direction for the requisition of
t h e b e d Forces made by the Federal Government under Article 245
of the Constitution of Islamic Republic of Pakistan;
(d) "actions in aid of civil power" means series of measures that involve
the mobilization o f h e d Forces, in aid of civil power ortheir requisition
by the Federal Government, including measures such as armed action,
mobilization, stationing etc., till such time they are withdrawn by the
written order of the Federal Government;
3. Pmll THE GAZEITE OF PAKISTAN. EXTRA.. JUNE 27. 2011 243
(e) "defined area" means the area notified by the Provincial Government
in which action in aid of civil power is being conducted in order to
m r e the territory or ensure peace in any place where Armed Forces
have been requisitioned;
(f) "internment" means &cting any person to a defined premises during
the period the counter-insurgency operation is ongoing in order to
incapacitate him from committing any offence or further offences
under this Regulation or any other law, for securingpeace in the defined
area;
(g) "Interning Authority" means an Interning Authority as provided in
section 8;
(h) "internment center" means any compound, house, building, facility or
any temporary or permanent structure that is notified by the Provincial
Government to serve as premises where persons are interned;
(i) "interment procedure" means procedures to be prescribed by the
Provincial Government in respect of the well being, food, health,
treatment, religious freedom, visitation by family, counseling and
psychological treatment etc, of the miscreants interned:
(j) "Orders of Internment" means a duly signed document in the form
specified in Schedule-I and includes any duly made order for intering
or custody of a miscreant. The said document shall also serve as the
basis to confine any person in a notified lockup or jail in any settled
area, if required;
(k) "miscreant" means any person who may or may not be a citizen of
Pakistan and who is intending to commit o has committed any offence
r
under this Regulation and includes a terrorist, a foreigner, a non-state
actor or a group of such persons by whatsoever names called;
(I) "requisition of Armed Forces" means whenever the Armed Forces
receivedimtion from theFederal Government, for being requisitioned.
mobilized or stationed in the Provincially Administered Tribal Areas
and the same shall deem to have been done in aid of civil power;
(m) "Register of Internees" means a register containing list of all the
persons interned; and
(n) ''Rules" means rules made under this Regulation.
4. 244 THE GAZETTE OF PAKISTAN, EXTRA., JUNE 27, 2011 I
[PART
CHAPTER-I1
REQUISITION OF THE ARMED FORCES
3. Requisition of the Armed Forces.+l) The Federal Government
may requisition t h e h e d Forces in respect of any defied area to cany out actions
in aid of civil power.
(2) Any existing direction already issued for requisition of the Armed
Forces shall be deemed to have been validly issued under this Regulation and the
Armed Forces already requisitioned shall conduct themselves in accordance with
the provisions of t h ~Regulation.
s
(3) The Armed Forces requisition once issued shall deem to continue
unless specifically reviewed or withdrawn partially or fully, as the case may be.
(4) The ArmedForces may also be requisitioned in aid of civil power, for
law and order duties, to conduct law enforcement operations, to combat natural
calamities and for rehabilitation.
CONDUCT OF ARMED ACTION
4. Precautions before using force.-(I) The Armed Forces may
undertake, where possible, the following minimum preventive measures and
precautions during the action in aid of civil power, namely:-
(a) warn the civilians to vacate the area;
@) send out warning to the residents to withdraw support for the
miscreants;
(c) residents may be directed to point out the miscreants in hiding to the
Armed Forces personnel;
(d) take special measures in respect of the life and safety of children,
women and elderly persons; and
(e) take feasible precautions in the choice of means and methods of attack
with a view to avoiding and minimizing collateral loss of civilian life
and object.
5. PARTII THE GAZETIE OF PAKISTAN, EXTRA.. JUNE 27, 2011 245
(2) The Commander of Armed Forces shall issue instructions to troops
under their control that the Armed Forces shall adhere to the principles of
proportionality and necessity andshall ensure that the collateral damage to life and
property .&all be minimum.
(3) Subject to the above, the Armed Forces are authorized to use force,
arms and ammunitions, including but not limited to fuearms, weapons and air power
a., to achieve the objective during any md action and to take any action, measure,
e
decision that is necessary in this regard.
-
5 . Misuse of force during actions in aid of civil p w r ( ) If any
oe-1
abuse or misuse of the use of force during actions in aid of civil power is alleged or
attributed to any member of the Armed Forces, the same shall be investigated
within the hierarchy of the Armed Forces.
(2) If the said act of use of force referred to in s u b - d o n (1) attributed
is
to any civilian officer, the Provincial Governmnt shall conduct inquiry and take
appropriate steps against such officer in accordance with applicable law.
(3) In case any conduct attributed to Armed Forces or their individual
officials is already criminalized under any existing treaty orconvent~on,
then it shall
deemed to be an offence under this Regulation and the same shall be tried only by
theArmed Forces pursuant to a procedure to be prescribed under this Regulation in
case of such an event
CHAPTER-N
POWERS DURING ACTIONS IN AID OF CIVIL POWER
6. Additional authorization to the Armed Forces.-in addition to
the power conferred under this Regulation a member of Armed Forces, who is
conducting the actions inaid of civil powers or any civilian official duly authorized.
shall exercise any of the following powers, namely:-
(a) at the time of taking the miscreant into internment, prepare or provide
where necessary, a signed statement from any person who has any
knowledge of any offence committed or admitted or confessed by the
miscreants:
I enter and search any property or place where there is any apprehension
) -----
that miscreants may be hiding or weapons, m ~ ~ a l o ~ e r % % i t & T
suspicious things are kept and the same are likely to be used for any
offence under this Regulation;
6. (c) seize the weapons. materials or suspicious things by a memorandum
of seizure as specified in SchedulelI;
(d) gather information through all means about the credentials of the
miscreant, including his foreign involvement and where appropriate,
disrupt covert supplies made to miscreant from the foreign countries;
(e) establish security posts in the defined area; and
(f) posses and occupy any property with the approval of the Provincial
Government.
7. Conferring of any authorizalion.+l) The Provincial Government
may confer additional power upon the Armed Forces to achieve the purposes of
thisRegulation,
(2) The Provincial Government may amend any Schedule to this
Regulation. 1
(3) The Provincial Government may delegate any of its powers under
this Regulation to any officer.
CHAPTER-V
INTERNMENT
8. 1nterningAuthority.-(1) the Provincial Government, or any officer
authorized by it in this behalf, may issue an order of internment underthis Regulation.
(2) Any officer authorized under sub-section (1) may further authorize
any officer as may be expedient to issue the orders of internment and such officer
shall also be the Interning Authority under this Regulation.
9. Power to Intern.-(l)The Interning Authority shall intern any person
who,-
(a) may obstruct actions in aid of civil power in any manner whatsoever;
or
@) if not restrained or incapacitated through internment shall strengthen
the miscreants' ability to resist the Armed Forces or any law
enforcement agency; or
7. PmI] THE OAZEllE OF PAKISTAN, EXTRA., NNE 27. 2011 247
(c) by any action or attempt may cause a threat to the solidarity, integrity
or security of Pakistan; or
*
(d) has committed or likely to commit any offence under thisRegulation
so that the said person shall not be able to commit or plan to commit
any offence, during.the actions in aid of civil power.
(2) If, in the opinion of the Interning Authority, the internment of any
person is expedent for peace in the defined area, it shall pass an order of internment.
(3) The Interning Authority may intern any person who may not be in the
defined area, but is suspected of having committed acts or has nexus with actions
that are referred to in sub-sections (1) and (2) in the defined area.
(4) The Interning Authority shall issue an interning order in respect of
each person who shall be kept in the internment center.
(5) The Provincial Government may notify an appropriate officer as
in-charge of the internment center.
(6) The Authority incharge of the internment center shall maintain a
proper register of person interned and also maintain their record.
(7) The Provincial ~overnment k l prescribe internment procedure.
s
(8) Persons detained pursuant to action in aid of civil power shall be
deemed to have been validly interned under this Regulation and their internment
orders, in the manner prescribed under this Regulation, shall also be prepared and
issued accordingly.
10. Remedy for reIease.-(l) The Interning Authority may, either on
its own or on the written request of the person interned or h relatives, may withdraw
is
the order of internment.
(2) The Interning Authority shall examine the request made under sub-
section (1) and depute a suitable offcer or officers to inquire into the offence
attempted or committed, previous and present conduct, impact of counseling,
background and affiliationsof the person interned and accordingly submit its report
(3) The Interning Authority may, based on the report referred to in sub-
section (2) and material produced before it through whatsoever sources, pass a
suitable order in writing whereby it may,-
(a) turn down the request for the time being; or
8. 248 THE GAZElTJ? OF PAKISTAN. EXTRA..RME 27.2011 PARTI
(b) direct that the person is an offender and after the conclusion of the
actions in aid of civil power he shall be handed over to the law
enforcement agencies for formal prosecution; or
(c) accept the request unconditionally or with certain conditions as it may
deem expedient and may also takean undertaking or guarantee from
the family or the jirga or the community.
11. Duration of internmentcl'he power to intern shall be valid from
the day when this Regulation deemed to have come into force, or the date the order
of internment is issued, whichever is earlier, till thecontinuation of actions in aid of
civil power.
12. Criminal Liabiiityc(1)The internment shall not affect the criminal
liability of the oerson interned for the acts that may constitute offences under this
~ e ~ u l a t i ornk d e r any other law.
o
(2) Any person or persons committing an offence under this Regulation
may be tried for the offence individually orjointly.
(3) After the notification of termination of the actions in aid of civil power
by the Federal Government, the persons interned shall be handed over to the
functioning civilian law enforcement authorities alongwith evidence and material
collected against such persons in accordance with the provisions oithis Regulation.
13. Power to question o r collect information.-(1) The Interning
Authority shall designate appropriate officer to question any person interned, before
or after counseling, and the said designated officer shall prepare and submit a
report, under his signature, with its finding to the interning authority.
(2) The Interning Authority shall designate appropriate officer to collect
any information or material from any Government law enforcement agency, or any
Government intelligence agency, department,statutory body, data base, or entity in
respect of the person intemed and based on the said information received in
accordance with the routine practice of the said agency or entity, shall submit a
report, under his signature, with his finding, to the InterningAuthority, alongwith the
said material or information.
(3) The Interning Authority may also designate an appropriate officer to
obtain a statement from the person interned.
(4) The Interning Authority, if necessary, may designate any official to
collect any information in respect of the circumstancesof internment of any person
interned or any matter related thereto.
9. HUMAN RIGHTS AND OVERSIGHT
14. Oversight Board-(1) The Provincial Government shall notify an
Oversight Board for each internment center comprising two civilians and EWOmilitary
officers to review the aase of each person interned within a period of time, not
e x d i n g one hundred and twenty days, from the issuance of theorder of internment,
. and prepare a report for consideration of the Provincial Government.
(2) The Oversight Board shall periodically ~eview conditions of
the
internment centersand recommend suitable action for consideration of the Provincial
' Government.
(3) The Oversight Board may also take notice of any complaint or
information in respect of any degrading treatment of any person interned or any
torture or any in-dignified treatment and in this regard carry out any inquily in the
matter and where necessary recommend suitable departmental action against the
ofilcial concerned.
(4) The Oversight Board shall also be responsible to impart training and
awareness regarding human rights standards and laws applicable on the conduct
actions in aid of civil power of this nature to all the concemed officials of the
inteming'authority.
15. Prohibition on Torture.-NO personTnterned under this ~e~ulation.
shall be subjected to inhuman or degrading treatment or torture.
CHAPTER-VII
OFFENCES AND PUNISHMENTS
16. Offences under this Regulation.---(I) Whoever challenges or is
suspected of an act of challenging the authority and writ of the Federal or Provincial
Government or attempts to assert unlawful control over any part of the territory of
Pakwtan or resons to the acts of waging war against the State, shall be deemed to
have committed an oRcnceunder this Regulation.
(2) Whosoever does any act or attempts to do any such act which threatens
the peace, safety and defens~of Pakistan, or threatens the con fundamental rights
of the citizens of Pakistan or commits terrorism or sabotage, shall be deemed to
have committed offences under this Regulation.
- (3) Whosoever obstructed or attempted to obstruct in any manner the
actions in aid of civil power or threaten in ally manner whatsoever the peace and
10. tranquility of any area by subversion, spreading literature, delivering speeches
electronically or otherwise thus inciting the people in commissioning any offence
under any law shall be deemed to have committed offences under this Regulation.
(4) Whosoever joins or iapart of or linked with any private army and an
armed group or an insurrectional movement, that has expressed hostility against the
State of Pakistan, itsArmedForces, officials, civilians and theirproperties and who
have attempted to obstruct in any manner the actions in aid of civil power shall be
deemed to have committed offences under this Regulation.
(5) Whosoever commits or attempts to commit any offence provided for
in the laws specified in Schedule-111during the actions in aid of civit power, shall
deemed to have committed an offence under this Regulation, notwithstanding the
application of the said law to areas where the actions in aid of civil power is going
on.
(6) Whosoever commits perfidy or attacks on protected persons or
property or uses human beings as shields or involves in espionage or uses disguise
or misuses emblem or uniform of any bona-fide organization or obstructs
implementation of relevant United Nations Security Council Resolutions under
Chapter 7 of the United Nations Charter, shall be deemed to have been committed
offences under this Regulation.
(7) Whosoever supports or harbors or finances or facilitates or aids or
abets or attempts the commissioning of the offences mentioned in sub-sections (1)
to (6) shall be deemed to have committed an offence under this Regulation.
(8) Whosoever grants refuge to miscreant shall be deemed to have
committed an offence under this Regulation.
(9) All offences under this Regulation shall be deemed to be continuing
offences.
(10) Nothing prevents the prosecution to try the offender for more than
one offence.
17. Punishment.-(l) Whosoever commits an offence under this
Regulation shall be punished with death or imprisonment for lifeor imprisonment up
to ten years; and may also be liable to fine. The convict shall also be liable to
forfeiture of his property.
(2) Whosoever is prosecuted for committing offences mentioned in the
Iaws specified in Schedule I to this Regulation shall be given the punishments
D
provided for in the said respective laws.
18. Prosecution.-(I) Whosoever commits or attempts to commit any
offence under this Regulation shall be proceeded against under +e Code of Criminal
11. PARTTI THE GAZETfE OF PAKISTAN, EXTRA.,JUNE 27. 2011 25 1
Procedure, 1898 (Act N of 1898) or the Anti-Terrorism Act, 1997 (XXVII of
1997). or any applicable law, as the case may be, and shall be handed over to the
prosecuting or investigating agency concerned for effecting formal arrest only after
his order of internment has been withdrawn.
(2) The offender may be handed over to any investigating or prosecuting
agency anywhere in the province.
19. Admissibility of evidence And its handing over.-(1)
, Notwithstanding anything contained to the contrary in Qanun-e-Shahadat, 1984
-- CP.O.10 of 1984),or any other law for the time being in force all evidence, information,
material collected, received and prepared by the Interning Authority, or its officials
in accordance with the provisions of this Regulation shall be admissible in evidence
and shall be deemed sufficient to prove the facts in issue or the relevant facts.
(2) Notwithstanding anything contained in the Qanun-e-Shahadat, 1984
(P.0. 10 of 1984) or any other law for the time being in force, any member of the .
Armed Forces, or any authorized official deposing on his behalf in or any official
statement or before the court to prove any event offence or happening, shall be
deemed to have proved the event, offence or happening by his statement or deposition
and no other statements, depositions or evidence shall be required. Such statement
or deposition shall be sufficient for convicting the accused as well.
(3) The Interning Authority shall hand over to the investigating or
prosecuting agency, at the time of handing over the person, any or all of the following,
namely:-
(a) the internment order;
(b) any information, material or evidence collected pursuant to
authorization under section 6;
(c) report, if any, made under sub-section (2) of section 10;
(d) order, if any, passed under sub-section (3) of section 10,
(e) report or reports, if made by the designated official of the Interning
Authority under sub-section (1) of section 13;
(f) report, if any, by the designated official of the Interning Authority
under sub-section (2) of section 13 alongwith necessary information
and material received or collected;
(g) statement, if any, of the miscreant under sub-section (3) section 13,
recorded and duly signed by the designated official in whose presence
it was given;
(h) the report of Oversight Board, if prepared, under sub-section (1) of
section 14;
12. 252 THE GAZETIE OF P ~ A N ESCTRA.. XJNB
. n.2011 I
[PART
(i) any recoveries made or evidence collected at any time after the
commencement of this Regulation; and
(j) ather informationcollected in r e s F t of the person from any source.
duly endorsed by the Interning Authority.
(4) The Provincial Govemment may provide such security and protection
to the judges of such courts, the prosecutors and witnesses, as it may deem
appropriate.
CHAPTER-MI1
GENERAL ,
20. Counseling-The Interning Authority may provide psychological
and religious counseling to the persons interned.
21. Transfer of Intern.s.-(l) The Interning Authority may, for reasons
to be recorded in writing, transfer the interned persons fromPrw'icially Administered
Tribal Areas to any other place in the province declared as internment center for
the purpose of this Regulation.
(2) A copy of the ordec of such transfer shall be provided to the concerned
authorities.
22. Power to make rule$.- The Provincial Government may make
~ l efor carrying out the purposes of this Regulation.
s
23. Indemnity.-No suit or other legal proceedings shall lie against any
person for anything done or intended to be done in good faith under this Regulation.
24. Overridig effect.-This Regulation shall have over-riding effect,
notwithstanding anything contained to the connary in any law for the time being in
forCe.
25. Removal of difheulties-TheProvincial Government may, by order,
provide for removal of any diiculty to give effect to the provisions of this Regulation.
26. Validation-Anything done, action taken, orders passed, proceedings
initiated, processes or communication issued, powers conferred, assumed or
exercised, by the Aimed Forces or its members duly authorized in this behalf, on or
2008 and before the commencement of this Regulation, shall
after the 1st Feb~ary,
be deemed to have been validly done, issued, taken, initiated, conferred, assumed,
and exercised and provisions of this Regulation shall have, and shall be deemed
always to have had, effect accordingly.
13. PARTI] THE GtUElTE OF PAKISTAN, EXTRA, JUNE 27, 2011 253
SCHEDULE-I
[see regulation 2 k ]
()
Order of Internment
This order of internment is issued in respect oE:
Claims to be
Photographs
Front I Side '
.
Mr.
Alias (if applicable)
Son of
Identtfication Mark
ID Card (if any)
Resident of
Thumb Impression
-
Right Hand Left Hand
PAF~-II
Taken into custody/internment from
14. Reasons for Interning:
(13
(2)
Superintendent Authorized Interning Officer
Internment-Center (Official seal)
(Official seal)
(To be prepared in due course and be attached with Part-I and 11)
After necessary verification, the person identified in the paragraph, bears
the followingparticulars:
Mr.
Alias (if applicable)
Son of
-
Identification Mark -
ID Card (if any)
Resident of
Tribe etc.
Thumb Impressions
Right Hand Left Hand
Superintendent Authorized Interning Officer
Internment Center (Official seal)
(Official seal)
15. PmIj THE G l V E l T E OF PAKISTAN. EXTRA., JUNX 27, 201 1 255
SCHEDULE-I1
[see regulation 6(c)]
Certified that I searched (name of place)
on (date) belonging to Mr.
slo address
seized the following material:
(1)
(2)
(3)
(4) Photographs of the material or place (if possible).
(2) Further material listed in signed annex.
It is certified that this memorandum of seizure has been made in duplicate
and a copy of this memorandum of seizure has been left at the premises from
where the materials have been seized.
(Signed)
(Full namddetails of the official canying out the seizure).
16. 256 THE GAZETIE OF PAKISTAN. EXlRA., JUNE 27, 2011 ART I
SCHEDULE-111
[(see regulation 17(2)]
I. Offences punishable under the Pakistan Penal Code, 1860 (XLV of 1860).
2. Offences punishable under the Arms Act, 1878 (XI of 1978).
3. Offences punishable under the Explosives Act, 1884 (IV of 1884).
4. Offences punishable under the Prevention of Seditious MeetingsAct, 1911
(X of 1911).
-
i
. *
5. Offences punishable under the Offieial Secrets Act, 1923 (XIX of 1923f.
6. Offences punishable under the Foreigners Act, 1946 (XXXI of 1946).
7. Offences punishable under the Foreign Exchange Regulation Act, 1947
(VII of 1947).
8. Offences punishable under the Imports and Exports (Control)Act, 1950. ,
(XXXIX of 1950).
9. Offences punishableunderthePakistan Army Act, 1952(XXXXof 1952).
10. Offences punishable under the Pakistan Air Force Act, 1953 (VI of 1953).
11. Offences punishable under the Pakistan Navy Ordinance, 1%1 (XXXV of
1961).
12. Offences punishable under the Pakistan Arms Ordinance, 1965 (W.P.
Ordinance XX of 1965).
13. Offences punishable under the ~ u s t o m ~ c1969 (Nof 1969).
t,
14. Offences punishable under the High Treason~(~unishment) 1973
Act,
(LXVIII of 1973).
15. Offences punishable under the Prevention ofAnti-National Activities Act,
1974 (VU of 1974).
16. Offences punishable under the Passports Act, 1974 (XXof 1974).
17. Offences punishable under the Drugs Act, 1976 (XXXI of 1976).
18. Offences punishable under the Emigration Ordinance, 1979(XVIII of 1979).
17. THE GAZETTE OF PAKISTAN, EXTRA., JUNE 27, 2011 257
Offences punishable under the Employment of Children Act, 1991 (V of
1991).
Offences punishable under the Surrender Illicit Arm Act, 1991 (XXI of
1991).
Offences punishable under the Pakistan Telecommunication
(Reorganization)Act, 1996 (XVII of 19%).
Offences punishable under the Anti Terrorism Act, 1997 (XXVII of 1997).
Offences punishable under the Control of Narcotics Substances Act, 1997
(XXV of 1997).
Offences punishable under the National Database Registration Authority
Ordinance, 2000 (VIII pf 2000).
Offences punishable under the Chemical Weapon Convention
Implementation Ordinance, 2000 (LIV of 2000).
Offences punishable under the Electronic Transaction Ordinance, 2002
(LC of 2002).
Offences punishable under the Pakistan Electronic Media Regulatory
Authority Ordinance, 2002 (XI11 of 2002 ).
Offences punishable under the Prevention and Control of Human Traficking
Ordinance, 2002 (LIX 2002).
Offences punishable under the Export Control on Goods, Technologies,
Material and Equipment related to Nuclear and Biological Weapons and
their Delivery systems Act. 2004 (V of 2004).
Offences punishable under the Anti Money Laundering Act, 2010 (VII of
2010).
Offences punishable under all existing applicable laws; orders. rules and
regulations in force in Rovincially Administered Tribal Areas of Khyber
Pakhtunkhwa.
ASIF ALI ZARDARI,
President.
P R I N T 3 BY THE MANAGER. PRINTING CORBRATION OP PAKISTAN PRESS. ISLAMABAD.
PUBLISHU) BY DEW mu. ~ N E R Y mms. VNIVERSIW KARAMI
STA AND ROAD.