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NA passes bill suggesting 3 years Jail for revealing intelligence officials’ identities

Bill also proposes a fine extending to Rs10 million

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The National Assembly (NA) approved a bill to amend the Official Secrets Act, 1923, suggesting up to three years in jail for individuals revealing the identity of members of intelligence agencies.

According to the reports, the “Official Secrets (Amendment) Bill, 2023,” presented by Parliamentary Affairs Minister Murtaza Javed Abbasi, gained unanimous approval after Deputy Speaker Zahid Akram Durrani instructed copies of the legislation to be distributed among lawmakers. The bill says, “It is imperative to amend the Official Secrets Act, 1923, and make it more effective given the changing social milieu to ensure the safety and security of official documents.”

Key provisions in the bill grant intelligence agencies the authority to conduct searches without a warrant, even employing necessary force when deemed necessary. This measure aims to bolster national security by promptly accessing potential threats and securing vital information.

The proposed Section 6-A of the bill addresses unauthorized disclosure of identities and suggests up to three years of imprisonment for anyone divulging the identities of intelligence agency members, informants, or sources. The offense could also incur a fine of up to Rs10 million.

Furthermore, the bill introduces a new definition of “enemy” under Section 8-A, encompassing individuals affiliated with foreign powers, agents, non-state actors, organizations, entities, associations, or groups engaged in acts prejudicial to Pakistan’s interests and safety.

Section 9 would replace the existing provisions and criminalize incitement, conspiracy, attempts, or aiding and abetting offenses under the act, with penalties equivalent to those of the underlying offense.

Intelligence agencies will be granted additional powers under the proposed amendment to Section 11, enabling them to enter and search individuals or premises without a warrant, with the authority to seize any relevant evidence.

Section 12-A outlines the investigation procedures, with the Federal Investigating Agency (FIA) officers responsible for conducting inquiries. The FIA director general may form a Joint Investigation Team (JIT) to handle cases under the act, and the amendment calls for investigations to be completed within 30 working days.

The newly introduced Section 12-B seeks to make all materials collected during investigations admissible in court, including electronic devices, data, information, documents, or any other evidence pertinent to the commission of offenses under the act.

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The bill’s passage reflects the government’s commitment to strengthening national security measures and safeguarding sensitive information, ensuring a safer and more secure future for Pakistan.

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