Official Secrets (Amendment) Bill passed after key provision withdrawn

ISLAMABAD: The Senate on Sunday passed the Official Secrets (Amendment) Bill, 2023 after a key provision, granting intelligence agencies powers to conduct warrantless searches, was withdrawn, ARY News reported.  

Law Minister Azam Nazeer Tarar moved the Official Secrets (Amendment) Bill, 2023 on behalf of Interior Minister Rana Sanaullah after withdrawing a key provision, granting intelligence agencies powers to conduct warrantless searches.

Meanwhile, Senate Standing Committee on Cabinet Chairman Rana Maqbool Ahmed presented the committee’s report on the Bill 2023 as it had faced fierce opposition from members of opposition and treasury benches.

Azam Nazeer Tarar noted that the proposed law empowers the Federal Investigation Agency (FIA) to investigate suspects for violation of the Official Secrets Act.

He further said that another amendment, calling a person “enemy” for engaging with a foreign agent has been removed.

It is pertinent to mention here that Senate Chairman Sadiq Sanjrani on August 2 referred the Official Secrets (Amendment) Bill 2023 to the relevant standing committee after fierce opposition when taken up for passing in the upper house of Parliament.

The bill, however, saw strong opposition from the treasury and the opposition benches in the house. Pakistan Tehreek-e-Insaf (PTI), Jamiat Ulema-e-Islam-Fazl (JUI-F) and the National Party opposed the bill in the Senate.

Moreover, PPP Senator Raza Rabbani and PML-N’s Afnan Ullah Khan also voiced against the proposed amendments to the Official Secrets Act 1923. The members were also demanding of the Senate chairman to reject the bill immediately.

The Bill

According to the Statement of Objects and Reasons of the bill – a copy of which is available with ARY News, it is imperative to amend the Official Secrets Act 1923 and make it more effective in view of the changing social milieu to ensure safety and security of official documents.

Section 3 of the bill stated that a person shall commit an offence if he intentionally for any purpose “approaches, inspects, passes over or is in the vicinity of, or enters, attacks, destroys or otherwise undermines any prohibited place”

“The person shall commit an offence if he intentionally for any purpose makes any sketch, plan, model, or note which is calculated to be or might be or is intended to be, directly or indirectly, useful to an enemy,” it added.

It further stated that a person shall commit an offence if he obtains, collects, records or publishes or communicates to any other person any secret official code or password, or any electronic or modem device, sketch, plan which is calculated to be or might be useful to an enemy of the State.

Meanwhile, amendment of Section 9 stated that any person who incites to commit, conspires to commit, attempts to commit, shall be liable to punishment of imprisonment for a term which may extend to three years, or with fine which may extend to one million, or both.

Under the bill, the investigating officer will be from Federal Investigation Agency (FIA), and the said officer will be appointed by DG FIA, and a joint investigation team can also be formed if necessary.

The amendment bill also granted intelligence agencies powers to conduct warrantless searches ‘anywhere and anytime’.