NA passes bill proposing 3 years in jail for disclosing identities of intelligence officials

The National Assembly (NA) approved a bill on Tuesday to amend the Official Secrets Act, 1923, proposing up to three years in jail for individuals disclosing the identity of members of intelligence agencies, informants or sources, APP reported.

Parliamentary Affairs Minister Murtaza Javed Abbasi presented the bill, titled “Official Secrets (Amendment) Bill, 2023”, which says, “It is imperative to amend the Official Secrets Act, 1923, and make it more effective given the changing social milieu to ensure the safety and security of official documents.”

The proposed legislation introduces Section 6-A, addressing unauthorised identity disclosure. It postulates that anyone acting in a manner detrimental to public order, safety, national interests, or Pakistan’s defence, who intentionally reveals the identity of undisclosed intelligence agency members, informants, or their sources, is committing an offence.

It proposes imprisonment for a term of up to three years and a fine extending to Rs10 million.

The bill seeks to expand the definition of “enemy” in Section 8-A. Here, “enemy” is conceived as any individual or entity, whether inadvertently or deliberately, operating for or engaged with a foreign power, agent, non-state actor, organisation, association, or group whose actions demonstrate intent harmful to the interests and safety of Pakistan.

Moreover, the proposed bill aims to replace Section 9, dealing with attempts or incitement to offences. It posits that anyone who “incites, conspires, attempts, aids, or abets the commission of an offense would face the same penalty and be subject to prosecution as if they had committed the offense.”

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It suggested adding Section 12-A (investigations) to the law. The proposed amendment states that an investigating officer under the act “shall be an officer of the Federal Investigating Agency” who would be designated by the FIA director general for investigation.

“If the FIA DG deems it suitable, he may constitute a Joint Investigation Team, convened by such officer and consisting of other such officers of intelligence agencies.”

It added that FIA would have to complete the investigation of cases “triable by the court established” within 30 working days.

The bill also proposed including Section 12-B (admissibility of material collected), under which “all material collected during the course of inquiry or investigation, including electronic devices, data, information, documents, or such other material which facilitates the commission to any offence under this Act, shall be admissible”.

The House passed a motion to suspend the rules for immediate consideration of the Official Secrets (Amendment) Bill, 2023. The House passed the bill after the Chair directed to circulate copies of the bill among the lawmakers.