The Official Secrets (Amendment) Bill, 2023 has been passed by the Pakistani government after a key provision granting intelligence agencies the power to conduct warrantless searches was withdrawn. The bill, introduced by Law Minister Azam Nazeer Tarar on behalf of Interior Minister Rana Sanaullah, faced opposition from members of both the opposition and treasury benches. However, after amendments were made, the bill was ultimately passed.
The proposed law grants the Federal Investigation Agency (FIA) the authority to investigate individuals suspected of violating the Official Secrets Act. One amendment that defined a person engaging with a foreign agent as an “enemy” has been removed.
The bill was referred to the Senate Standing Committee on Cabinet on August 2, where it faced strong opposition. The Pakistan Tehreek-e-Insaf (PTI), Jamiat Ulema-e-Islam-Fazl (JUI-F), and the National Party expressed their opposition to the bill in the Senate. Members of the opposition, such as PPP Senator Raza Rabbani and PML-N’s Afnan Ullah Khan, voiced their concerns regarding the proposed amendments to the Official Secrets Act 1923.
The Official Secrets (Amendment) Bill, 2023 contains various provisions, including criminalizing activities that approach, inspect, enter, attack, destroy, or undermine any prohibited place. It also considers making sketches, plans, models, or notes that could be useful to an enemy as an offense. Obtaining, collecting, recording, publishing, or communicating secret official codes or passwords and electronic or modem devices are also actions that would be considered as offenses.
Under the amendments, individuals who incite others to commit offenses, conspire to commit offenses, or attempt to commit offenses can face imprisonment for up to three years or a fine of up to one million rupees, or both.
The investigating officer in cases related to the bill will be from the Federal Investigation Agency (FIA), appointed by the Director-General of the FIA. If necessary, a joint investigation team can also be formed. It should be noted that the provision permitting intelligence agencies to conduct warrantless searches “anywhere and anytime” has been removed from the bill.