Pakistan People's Party (PPP) Senator Farhatullah Babar on Monday withdrew his private members bill, seeking amendment to National Command Authority (NCA) Act, saying a number of stakeholders have created an 'extraordinary' situation for him not to move the bill.
"Even since I've submitted the Bill till today, a number of stakeholders, through different means and with different emphasis, had expressed serious reservations and concerns about some aspects of the Bill creating an extraordinary situation for me, due to which I wish to withdraw the Bill for broader consultation and discussion," Babar told Senate, while speaking on the bill. He, however, did not elaborate on the 'extraordinary situation' that compelled him to withdraw the Bill. The aborted Bill sought to bar the prime minister, the chairman of NCA and the Authority from transferring some of its functions to any individual or institution.
STATEMENT OF REASONS AND OBJECTS The National Command Authority has a BoG headed by the Prime Minister comprising virtually all important members of civil and military establishment. Two of its most important functions include as in section 7 (a) to exercise complete command and control over all nuclear and space related technologies, systems and matter and section 7 (c) to authorise undertaking of specialised scientific and technological work.
This is an onerous and most sensitive responsibility that must be exercised by the Authority and the Authority alone. Delegating this onerous power and responsibility to any other individual is fraught with serious consequences and must not be allowed.
The provision in the existing law contained in section 4 namely delegating any of these powers and functions to Chairman Joint Chiefs of staff Committee and Director General Strategic Plans Division (DG SPD) who may further sub delegate the same to any employee will have very serious consequences and should not be allowed, hence this amendment.
It is also necessary that the post of Director General Strategic Plans Division (DG SPD) should be rotated among officers of all the three defence services as well as the civil service so as to attract the best of the best from a huge reservoir of distinguished officers in both the civil and armed forces. Restricting it to only one service is not the best way to attract the best officer for this important position. Furthermore, it is also not helpful to the morale of a large number of equally competent and brilliant officers."
CONTEMPT OF COURT LAW Another bill moved by Senator Babar, seeking amendment to the Contempt of Court law to provide for the punishment of imprisonment and fine in case of criminal and judicial contempt and for fine only in case of civil contempt was referred to the Standing Committee on Law and Justice.
According to the statement of objects and reasons, the dignity of a judge and courts must rest more on the conduct of honourable judges, the soundness of their verdicts rather than resorting to the contempt of court law. The Bill seeks to ensure that dignity of a court is seen to be resting on surer foundations according to the statement of objects and reasons.
Another Bill moved by Senator Farhatullah Babar seeks to amend the National Counter Terrorism Authority (NACTA) Act, 2103, was also admitted by the Senate and referred to the committee.
According to the statement of objects and reasons, ever since the NACTA Act was enforced the Board of Governors headed by the Prime Minister and comprising several ministers had not met even once. The existing provision of meeting every quarter is too soon and this is one reason that it has not met even once so far.
The Executive Council, which is the implementing body, should be required to meet at regular intervals but in the existing law there is no mention of how often it should meet. There is thus a lacunae which the Bill seeks to remove by binding the Executive Council to meet at any time but necessarily once in a quarter and the board of governors (BoG) to meet as and when required and at least once in a year.
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