Daily Times Editorial Dec 22, 2012

Investigation for Fair Trial Bill In a rare display of across-the-aisle cooperation, the National Assembly, after much debate and discussion, not to mention negotiations, unanimously passed the Investigation for Fair Trial Bill. The bill empowers six military and civilian intelligence agencies and the police to conduct surveillance and intercept emails, SMSs, telephones and any other form of computer or cell based communications. These sweeping powers aroused a great deal of apprehension amongst not just the opposition but even some of the government’s allies such as the MQM. Their fears were founded on the possible misuse of these powers to violate citizens’ privacy and target political opponents or dissidents. The objections of the opposition and others, after lengthy negotiations in the house, produced agreement on incorporating 30 amendments suggested by the bill’s opponents, while three were rejected. Safeguards against abuse of the provisions of the bill include the restriction of these powers to the ISI, three military intelligence agencies, Intelligence Bureau and the police. On the opposition’s insistence, the FIA was dropped from the list. The authors of the bill argue it provides a mechanism for conducting lawful, transparent investigations using modern means, which constitute an integral basis for trial and ensure evidence is collected in accordance with the law while balancing the rights of privacy of individuals with effective administration of justice. The desire of the opposition to restrict the scope of the bill to offences under the Anti-Terrorism Act was rejected, with the government insisting it incorporate offences under the Private Military Organisations Abolition and Prohibition Act 1974, Prevention of Anti-National Activities Act 1974, Pakistan Nuclear Regulatory Authority Ordinance 2001 and National Command Authority Act 2010 as well. Also, the opposition’s proposal that the bill be restricted to one year and reviewed by the next government was rejected. The give and take seen on the floor of the house was the best expression of responsible legislation. If only such seriousness of purpose was seen more often in parliament. Nevertheless, the crucial need for the bill was never in doubt and readily admitted by everyone. It sends a message to the military, judiciary, the terrorists and the world. The military can now feel it is not alone in the fight against terrorism but has the full backing of the civilian parliamentarians. The judiciary’s complaint that terrorists have to be released by the courts for lack of evidence and proper prosecution may be addressed to a greater or lesser extent; only time and the practical implementation of the provisions of the bill can decide this. The terrorists, as Prime Minister Raja Pervez Ashraf put it, have been given the message that they will not be allowed to succeed in destabilising the country and besmirching its face. The world has been conveyed that Pakistan stands united and determined to take the fight to the terrorists. The fears about privacy and misuse will linger, given that ‘informal’ surveillance has been continuing for years, sparing not even the high and the mighty. At least now such surveillance and interdiction will have to be applied for through a warrant issued by no less than a high court judge. That in itself may or may not stop the ‘informal’ surveillance, but at least to the extent of the bill, misuse of the powers inherent in it has been made punishable by imprisonment. There are also apprehensions that the word ‘terrorism’ remains undefined in the bill, possibly opening the door to widening its scope beyond the authors’ intent. The bill reflects the dilemma many countries have confronted after 9/11, including the developed democracies of the world. How to ensure privacy and other human rights while resorting to such widespread surveillance is a conundrum that has troubled many societies in recent years. Cases of abuse are not unknown. Nevertheless, even with all these cavils, the need to intercept the use of modern means of communication by the tech-savvy terrorists of today and thereby gain crucial intelligence about their plans cannot be denied. Political and judicial review of the implementation of the provisions offers safeguards but only in practice will it be possible to see whether the culture of impunity that the secret agencies have operated in for as long as the country has been in existence can be curbed. Extraordinary times such as Pakistan is passing through in the company of many other countries require extraordinary measures, some of which inevitably raise fears of Big Brother’s malign shadow. But in the interests of the struggle against terrorism, some curbs on privacy and rights may have to be swallowed in the hope of better times to come as a result.