NA passes bill to criminalize disclosing identities of intelligence officials

ISLAMABAD:  The National Assembly on Tuesday took up legislative business and passed three government bills as well as other legislative proposals sponsored by a private member.

The “Official Secrets (Amendment) Bill, 2023” was tabled by Parliamentary Affairs Minister Murtaza Javed Abbasi as the House passed a motion to suspend rules for immediate consideration of the bill.

The House passed the bill hurriedly after Deputy Speaker Zahid Akram Durrani directed to circulate copies of the bill among the lawmakers.

According to the statement of objectives, it is imperative to amend the Official Secrets Act 1923 and make it more effective to ensure safety and security of official documents. The bill would allow intelligence agencies to enter and search any person or place without a warrant, if necessary by use of force.

The bill’s Section 6-A (unauthorised disclosure of identities) also proposes up to three years in jail for anyone who discloses the identity of members of intelligence agencies, informants, or sources. The offence would be punishable by up to three years in jail and a fine of up to Rs10 million.

The amendment Section 8-A (definition of “enemy”) would add a new definition of “enemy” to the act. The new definition would mean “any person who is directly or indirectly, intentionally or unintentionally working for or engaged with the foreign power, foreign agent, non-state actor, organisation, entity, association or group guilty of a particular act tending to show a purpose that is prejudicial to the interest and safety of Pakistan”.

The amendment Section 9 (attempts or incitement to offences) would substitute the existing section with a new provision that would make it a crime to incite, conspire, attempt, aid or abet the commission of an offence under the act. The offence would be punishable in the same way as the underlying offence.

The amendment Section 11 (search warrants) would add a new subsection to the section that would allow intelligence agencies to enter and search any person or place without a warrant, if necessary by use of force. The amendment would also allow intelligence agencies to seize any document or other evidence of an offence.

Section 12-A (investigations) amendment would create a new section that would set out the procedures for investigations under the act.

The investigations would be conducted by officers of the Federal Investigating Agency (FIA). The FIA director general would have the power to constitute a Joint Investigation Team (JIT) to investigate cases under the act. The amendment would also require the FIA to complete investigations within 30 working days.

Section 12-B (admissibility of material collected) would create a new section that would make all material collected during the course of an inquiry or investigation under the act admissible in court

This would include electronic devices, data, information, documents, or any other material that facilitates the commission of an offence under the act.