The amendments were piloted by Minister for Law, Justice and Human Rights Senator Pervaiz Rashid.
The Pakistan Army Act (Amendment) Bill 2015 would remain in force for two years and stands repealed on the expiration of the said period unless extended by the Parliament.
According to the new sub clauses inserted in the Pakistan Army Act 1952 any person claiming or known to any terrorists group or organization using the name of religion or a sect and raises arms or wages war against Pakistan or attacks the Armed Forces of Pakistan and law enforcement agencies or attacks any civil or military installations in Pakistan or abduct any person for ransom or causes death of any person or injury or possess, store fabricate or transport the explosives, fire arms instruments articles suicide jackets or use or design vehicles for terrorist acts or provide or receive funding from any foreign or local sources for the illegal activities under this clause or act to over-awe the state or any section of the public or sect or religious minority or create terror or insecurity in Pakistan or attempts to commit any of the said acts, within or outside Pakistan shall be punished under this Act;
Any person claiming is known to belong to any terrorist group or organization using the name of religion or a sect and raise arms or wage war against Pakistan, commits an offence mentioned at serial NOs (i), (ii), (iii), (V), (Vi), (VII), (VIII), (IX), (X), (XI), (XII), (Xiii), (XV), (XVi), (XVii), and (XX) in the schedule to the Protection of Pakistan Act 2014 (X of 2014):
Provided that any person who is alleged to have abetted, aided or conspired in the commission of any offence falling under sub-clause (iii) or sub-clause (iv) shall be tried under this Act wherever he may have committed that offence.
Provided further that no person accused of an offence falling under sub-clause (iii) or sub-clause (iv) shall be prosecute without the prior sanction of the Federal Government.
“Explanation in this Act the expression ‘sect’ means a sect of religion and does not include any political party regulated under the law”. In proposed sub clause (2) a) in proposed section (4), for the words, ” to a court” the word “for a trial” shall be substituted b) in proposed sub section (6) for the words, “record evidence” which has already” the words “recall any witness or again record any evidence that may have” shall be substituted.The following new sub-sections shall be added namely
After clause 3, the following the new clause has been inserted with the name “Overriding effect”. The provision of this act shall have effect notwithstanding anything contained in any order law for the time being in force. In case there is any conflict between the provision of this Act and any other law for the time being in force, the provisions of this Act shall prevail to the extent of inconsistency.
The statement of objects and reasons said an extraordinary situation and circumstances exist which demand special measures for speedy trial certain offenses relating to terrorism, waging of war or insurrection against Pakistan and prevention of acts threatening the security of Pakistan by any terrorist group using the name of religion or a sect and members of such armed groups wings and militia.
There exists grave and unprecedented threats to the integrity of Pakistan by the raising of arms and insurgency using the name of religion and a sect by groups of foreign and locally funded elements including warriors using the name of the religion and locally funded elements including warriors using the name of the religion or a sect who are to be severely dealt with under the law. The Bill is designed to achieve the said object.
Later, the House was adjourned to meet again on Wednesday at 11.00 am in the morning.