EDITORIAL: Legislators belonging to nearly all political parties in Parliament have faced this problem at one or another time, especially when out of power. On Thursday, the National Assembly introduced much-needed changes in its rules, making it obligatory for the police or any other agency not to arrest a member of the nation’s highest legislative forum within the precincts of the Assembly without seeking prior permission from the speaker, who is also to have the authority to declare any premises in Islamabad as sub-jail for a detained member for the entire duration of the Assembly session.
Besides, the speaker or the chairpersons of relevant House committees will no longer have discretionary powers to issue production orders for an under- custody member. It would be mandatory for the speaker to order production of an under-custody member for the entire duration of the Assembly session.
The discretionary powers provision under the previous rules was wrong on at least three counts. First, because ruling parties tended to freely employ them to settle scores with those in opposition. Secondly, the practice amounted to denying the people in the arrested member’s constituency due representation in the Assembly.
Thirdly, selective application of the previous rules was plainly discriminatory. It is imperative, therefore, that all the provincial assemblies replicate the same amendments to the old rules, creating an even-playing field for lawmakers across party lines. Also on Thursday in an equally, if not more, important development the upper house passed a bill that criminalises torture of under-custody accused.
It comes at a time PTI (Pakistan Tehreek-e-Insaf) Senator Azam Swati, picked up from his home by the Federal Investigation Agency for a tweet that ruffled certain sensitive feathers, has been allegedly subjected to torture, including humiliation of getting stripped naked — a common complaint of some others arrested earlier for the same reason.
The National Assembly has already passed a comprehensive legislation entitled “Torture and Custodial Death (Prevention and Punishment) Bill, 2022,” providing protection to under-custody persons. Passage of the Senate bill is a vital add-on as it criminalises custodial torture, routinely used against members of underprivileged sections of society.
There are numerous cases of persons dying from police torture and their families laying their bodies on roads to demand justice. The perpetrators usually walk away with mere transfer to another posting, that too under public pressure.
The Constitution prohibits use of torture “for the purpose of extracting evidence”. Yet it goes on unchecked. However, rights groups have been pointing out that this provision is limited in scope since torture on any pretext constitutes violation of fundamental rights, as in the case of Senator Swati. That lacuna is expected to be soon filled with the proposed legislation becoming an act of Parliament.
However, it is worth noting that Pakistan is also a signatory to UN Convention Against Torture as well as Cruel and Degrading Treatment or Punishment, and International Covenant on Civil and Political Rights.
That has not helped. It can only be hoped the proposed law will be effectively implemented, ensuring transparent investigations into any allegation of torture so as to safeguard all citizens’ right to dignity, irrespective of their social status.
Copyright Business Recorder, 2022
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