Prosecution of offences against the state: Govt authorises interior secretary

ISLAMABAD: The Federal Government has authorised Secretary Ministry of Interior for prosecution of offences against the State, official sources told Business Recorder.

The Ministry of Interior got approval of its summary from the Federal Cabinet through circulation the same day, and Sheikh Rashid Ahmed was made Minister for Interior two days before the much-anticipated Jalsa of Pakistan Democratic Alliance (PDM) at Lahore's Minar-i-Pakistan.

According to the summary, the Code of Criminal Procedure, 1898(Act V of 1898) deals exhaustively with the law of procedure and provides in minutest details the procedure to be followed in every matter pertaining to general administration of criminal law.

Section 196 of the Code provides that prosecution for offences against the State would only be instituted under the authority of the Federal Government or Provincial Government concerned. Section 196 of the Code reads as follows "Prosecution for offences against the State:- no court shall take cognizance of any offence punishable under Chapter VI or IX-A of the Pakistan Panel Code ( except section 127), or punishable under section 108-A, or section 153-A, or section 294-A, or section 295-A or section 505 of the same code, unless upon complaint made by order of, or under authority, from the Federal Government, or the Provincial Government concerned, or some officer empowered in this behalf by either of the two government."

The consequence of the application of section 196 of the Code is that in respect of the offences mentioned in the said provision, if the mandatory condition of sanction by the Federal government and Provincial Government concerned is not obtained, then the entire proceedings would become without jurisdiction or coram non judice.

Ministry of Interior proposed that the Federal Cabinet may authorize Secretary Interior, under section 196 of the Code, to severally file prosecution or complaint on behalf of the Federal Government in respect of any of the offences mentioned in section 196 of the Code.

The summary was referred to Law and Justice Division for comments with the proposal to authorize Additional Secretary-II for filing complaints.

Approval of the Prime Minister was also sought for the consideration/ approval of the summary by the Federal Cabinet through circulation. While accordingly approval, Prime Minister directed to amend the proposed authorization Secretary Interior instead of Additional Secretary -II. Accordingly, the proposal has been amended.

On December 11, 2020, Deputy Secretary, Cabinet Division, Muhammad Ashfaq, has asked all the Cabinet members that the summary is being circulated for recording opinions and subsequent return to the Cabinet Division same day, in terms of rule 17(1)(b) read with rule 1991) of the Rules of Business , 1973. In accordance with the Rules if a Minister does not communicate his/her opinion by that time, it shall be assumed that he/she accepts the recommendations contained in the summary.

Copyright Business Recorder, 2020