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Pakistan's Punjab Province recently tabled an Amendment Bill in its Provincial Assembly that seeks to increase the duration from two days to 90 days, the imposition of Section 144, which seeks to ban all types of gatherings, rallies and protests for a specific time.
According to Geo News, the recently proposed amendment aims to increase the powers of the Deputy Commissioner (DC) to extend the ban on public gatherings for up to 30 days, whereas the Secretary of the Home Department could impose the ban for as long as 90 days. The provinicial Minister for Finance, Mujtaba Shuja-ur-Rehman put forward the Code of Criminal Procedure (Punjab Amendment) Act 2024, which aims to amend the Code of Criminal Procedure 1898. As of now, the present law allows the Punjab provinical government to impose Section 144 for a maximum of two days, which can be extended to up to seven days unless there is a threat to human life, health, or safety. It grants the power to impose Section 144 to the office of the Mayor, who acts upon a written recommendation from the police. The recently proposed amendments would result in the concentration of power to the deputy commissioner or the secretary of the Home Department, thereby removing the existing system that created checks and balances on the government. This would further increase the centralizing tendencies of the government thereby eroding the devolution of powers. Section 144 of the Criminal Procedure Code of Pakistan 1898 gives the district government the power to ban all types of gatherings, rallies and protests for specific time periods and dates. However, it has been noted that Section 144 has been misused in Pakistan time and again to criminalize politics and punish political opponents. Former Prime Minister Imran Khan's party Pakistan Tehreek-i-Insaaf has been subjected to restrictions time and again under this section. According to Geo News, Minister Mujtaba, who presented the bill, justified the extension stating that asking for prior approval constantly is " neither desirable nor practicable". He argues that the proposed amendment has been tabled to "address grave and emergent situations that endanger public peace and order. They are intended to prevent imminent breaches of peace and provide a preventive jurisdiction and speedy remedy in the public interest". Geo News reported that in 2022, the Human Rights Commission of Pakistan released a report titled, "Freedom of Peaceful Assembly in Pakistan", which refers to Section 144 as an "unchecked authority". As of now, the Bill has been referred to a committee of the Punjab Assembly for further scrutiny. In recent times Pakistan has seen curtailed freedom towards various issues like access to the internet and the right to peaceful assembly. The move to expand the duration of the ban on public gatherings would further erode these democratic traditions for expressing public opinion. (ANI)
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