IN the latest mystery of missing legislation, Senator Irfan Siddiqui of the PML-N has written to Speaker of the National Assembly Raja Pervez Ashraf about a bill titled ‘Code of Criminal Procedure Amendment Act, 2022’ that he says has miraculously gone missing. It had apparently been sent for presidential assent fifteen months ago after being approved by both houses of Parliament. Pakistan’s politics can be frustrating and bizarre at the same time. But in a country where people go missing on a regular basis, perhaps one of the most bizarre things that seem to happen are missing bills of legislation. From a missing persons bill going missing quite ironically to a former prime minister somehow ‘losing’ a confidential cipher to now yet another case of a missing bill, one wonders how exactly the loftiest institution of the country — Parliament, as well as the executive — can simply misplace legislation or important documents.
During the PTI government, the bill was moved in the Senate and approved by the Senate’s Standing Committee on Home Affairs. Then on 23 May 2022 the bill was approved by the Senate and on 8 June 2022 (under the PDM government), it was approved by the National Assembly, after which on 21 June, the bill was sent to the President for formal approval. In August 2022, the President’s Office said that no such bill had been received. The bill is essentially about separating the executive, seeking to substitute ‘special judicial magistrates’ with judicial magistrates designated for cases of petty crimes in summary trials. In July 2019, Senator Siddiqui had been arrested and was presented before an assistant Commissioner and was later sent to Adiala Jail on judicial remand for fourteen days. After becoming a member of the Senate, he drafted a bill for the complete separation of the executive from the judiciary, to update an old law in keeping with the requirements of the Constitution.
Regardless of what the bill does or does not say, the fact is that the bill was approved by both Houses of Parliament of the country. It was then sent to the president for approval. Had there been any reservations regarding the bill, why were they not raised during the law-making process? The Senator’s letter to the speaker also says that he had even raised this issue in Parliament but nothing happened. It’s a matter of serious concern but ironically both Speaker of the National Assembly Raja Pervaiz Ashraf and Chairman Senate Sadiq Sanjrani have also been reluctant in pursuing of the lost bill. Either this bill is misplaced by bureaucracy or the custodians of the National Assembly and the Senate. Both the custodians and the concerned bureaucrats should have searched it out. It is official obligation of the concerned to locate the bill. But it is Pakistan. No body bothers and who cares here.
Senator Irfan Siddiqui has now asked for a Commission of Inquiry to be made to look into the matter, terming the bill’s disappearance ‘a blatant insult’ to Parliament. What is most alarming is that a sitting parliamentarian can raise such an issue and the issue is still ignored — by the parliamentarians and the executive both. What hope then for regular folks in the country? The incident of the missing bill tells us the whole system and mechanism of the working of the highest level of houses — National Assembly and the Senate. System and working mechanism trickles down from the highest level forums to the lowest. Besides several reminders by Senator Irfan Siddiqui to the Speaker National Assembly Raja Pervaiz Ashraf and Chairman Senate Sadiq Sanjrani nothing could happen. If any bureaucrat has kept it in office cabinet mischievously it is a crime. This response of the bureaucracy to the procedures of Parliament is not less than establishment of the state within the state.
This response of bureaucrats to the procedures of Parliament is procedural corruption and corruption is accountable in any of its form and state. Who will hold these bureaucrats accountable? Is not it an official obligation of the Secretary to take pains and probe the matter? On the other hand Speaker National Assembly and Chairman Senate are more responsible regarding the procedural affairs of Parliament. It is so sad that both the custodians have not shown any serious concern about the lost bill. The inquiry should have been initiated. But who will initiate an enquiry? This is an insult and disgrace to the honourable parliament and the parliamentarians.
After having a look on the behaviour of the bureaucracy of the National Assembly and the Senate one can understand the miseries of common Pakistanis dealing with district and tehsil level bureaucracy. Corrupt government officials have made life of the common citizen a hell. The entire system is corrupt. Bribe is openly demanded by the government officials. Name any department the citizens are dealt like preys. Files move with heavy bribe in district and tehsil judiciary and administrative offices. The officials take bribe in the presence of the judges and other officers of executive. What to talk about the procedures of Parliament even District and tehsil level bureaucracy has rotten the system with bribe.
—The writer is editor, book ambassador political analyst and author of several books based in Islamabad.
Email: naveedamankhan@hotmail.com
