The National Assembly's Standing Committee on Law and Justice on Monday passed the draft Whistleblower Protection and Vigilance Commission Bill 2019 amidst strong opposition from Muttahida Majlis-e-Amal (MMA). The committee's meeting was presided over by its Chairman Riaz Fatyana from the ruling party Pakistan Tehreek-e-Insaf (PTI). The committee reviewed the draft Whistleblower Protection and Vigilance Commission Bill 2019 moved by the government (Law Division) and held a detailed discussion on it before all the committee members, except one, nodded in the draft bill's favour.
During the committee's meeting, the government's side led by Federal Minister for Law and Justice Barrister Farogh Naseem briefed the committee about the draft bill. The details of the briefing suggested that the draft bill allows the establishment of Whistleblower Protection and Vigilance Commission.
The Commission would be a three-member body led by a chairman to be appointed by the federal government for a three-year term. The commission would ensure the protection of a whistleblower (a person who would identify corrupt practice(s) by any individual or organisation), including the protection of his/her identity and life.
The draft bill also ensures that at least 20 percent of the total amount of recoveries to be made from persons or entities netted in financial corruption cases would go to the whistleblower in order to encourage the whistleblowers to come forward and identify corruption. The commission would be empowered to initiate strong action against the elements involved in corruption.
Briefing the committee on the draft bill, Law and Justice Minister Farogh Naseem said that the draft bill aims at ensuring across the board accountability while equally ensuring the protection of the whistleblowers. "This is a significant bill to weed out corruption," he remarked.
Committee member Sana Ullah Khan Mastikhel from the ruling PTI suggested that commission should be allowed to complete its action within a stipulated time period so that corruption cases do not keep lingering on for an indefinite period. The law and justice minister responded that the commission would be bound to decide any case within 30 to 60 days to ensure speedy action. Saad Waseem from Pakistan Muslim League-Nawaz (PML-N) suggested that the commission be empowered to initiate strict action against any whistleblower who would provide false or misleading information regarding corruption in order to stop the misuse of whistleblower practice. Farogh Naseem replied that the draft bill adequately empowers the commission to take on any whistleblower if he/she is found guilty of providing false, inaccurate or misleading information.
Despite overwhelming support from the committee members in favour of the draft bill, Aliya Kamran from MMA strongly opposed the draft bill. "The establishment of Whistleblower Protection and Vigilance Commission would result in the creation of scores of informers. We have military courts here but whistleblowers have no protection. It is the duty of the state institutions, not the individuals (whistleblowers), to track corruption and proceed against it. If individuals are to do it, what's the job of state institutions?" she said.
Chairman Senate Standing Committee on Law and Justice Riaz Fatyana directed Aliya Kamran to give in writing her dissenting note against the bill. With the approval of other committee members, he announced the committee's support for the draft bill.
Meanwhile, the committee also passed two other bills moved by the government; Enforcement of Women's Property Rights Bill 2019 and Letters of Administration and Succession Certificate Bill 2019.
Riaz Fatyana remarked that the draft Enforcement of Women's Property Rights Bill 2019 was not required as the National Assembly has already passed Women Property Rights Bill which could be amended if any fresh changes were needed. Farogh Naseem said that the previous bill was actually based on criminal law while the new draft bill has several clauses that allow speedy action against those who deny the women their due share in property.
Ehsan Ullah Tiwana from the ruling PTI said, "In theory, women are granted share in property but in practice, the story goes otherwise. Adequate steps should be taken for the protection of women rights." In a lighter vein, Farogh Naseem said, "I am accused of being pro-women. I am. If anyone has problem, let it be so."
The committee deferred discussion on the draft Muslim Family Law (Amendment) Bill moved by the government and Constitution (Amendment) Bill 2019 moved by Rana Sanaullah from PML-N. The committee summoned the representatives of the bar councils from across Pakistan to discuss the draft Legal Practitioner and Bar Councils (Amendment) Bill 2018, moved by Aliya Kamran, in the next meeting.
After holding a discussion, the committee recommended the establishment of divisional benches of Lahore High Court in Faisalabad, Sargodha, Gujranwala, Sahiwal and Dera Ghazi Khan for quick disposal of cases and dissemination of speedy justice.