PROTECTION OF PAKISTAN ACT.2014 Use of armed forces and civil armed forces to prevent scheduled offences written by ASHRAF ASMI ADVOCATE HIGH COURT

PROTECTION OF PAKISTAN ACT.2014
Use of armed forces and civil armed forces to prevent scheduled offences

ASHRAF ASMI ADVOCATE HIGH COURT

(1)Any police officer not below BS -15 or member of the armed forces or who is present or deployed in any area may , on reasonable  apprehension of commission of a scheduled offence after giving sufficient warning ,use necessary force to prevent the commission of a scheduled offence and in so doing shall ,in the case of an officer of the armed forces ,exercise all the power of a police officer under the code .

(2) In particular and without prejudice to generality of sub-section (1) an officer of the police not below BS -15 or member of the armed forces of civil armed forces in the above situation may ……..

(a) after giving prior  warning use such force as may be deemed necessary or appropriate keeping  in view all the facts and circumstances of the situation ,against any person who is committing or in all probability is likely to commit a scheduled offence ,it shall be lawful for any such officer after forming reasonable apprehension that that death or grievous hurt may be caused by such act ,to fir ,or order the firing upon any person or persons against whom he is authorized to use force in terms hereof …

Provided that the decision to fire order firing shall be take only be way of last resort. and shall in no case extend to the inflicting of more harm than is necessary to prevent the scheduled offence which has given rise to the reasonable apprehension of death or grievous hurt.

Provided further that all cases of firing which have resulted in death or grievous hurt shall be reviewed in an internal inquiry conducted by a person appointed by the head of the concerned law enforcement agency .

Provided further that all cases  of firing which have resulted in death may ,if the facts and circumstance so warrant ,be also reviewed in a judicial inquiry conducted by a person appointed by the federal Government .

Explanation ..--- Reasonable  apprehension that death or grievous hurt may be caused may ,inter ,alia ,be based on the following ground ,namely .-----

(i)Credible prior information about a person ,who is identified site or is suspected to be that person and such person either attempts to resist arrest by force  or refuses a command to surrender and his action may lead to grievous hurt or death .

(ii) prior information but without any clear identification of individual; (S) in an area  who may have been or are going to be involved  in the planning ,commission  of financing of a scheduled offence to carry out action as mentioned in paragraph (i) above.

(iii)appreciation of circumstances on the scene that a person can cause harm and the situation may lead to grievous hurt or,a judgment based on events or a sequence of events (s) on site ….

(iv) threatening movement of a person who is in possession of a fiream  or reaching for a fiream ,to target  law enforcing  personnel or a member  of the public which may lead to grievous hurt or  death ,or ..

(v) prior  information or a judgment on sit that the person may cause to signal or personally trigger an explosion which can cause harm or a person assisting in commission of a such a crime that may lead to grievous hurt  or death .

(b) arrest ,without warrant any person who has committed a scheduled offence or against whom a reasonable suspicion or credible information  exists  that he has committed ,or is about to commit any such act or offence ,and

(c) enter and search ,without warrant any premises to make any arrest or to take possession of any fire-arm ,explosive weapon ,vehicle ,instrument or article used ,or likely to be used and capable of being used in the commission of any scheduled offence .

Provided  that after the search ,the circumstance justifying it and the items recovered shall be reported within two days to Special judicial Magistrate of the area by the officer conducting the search .

(3) Noting contained in sub –section (1) or sub –section (2) shall affect the provision  of chapter ix  of the code and the provision of section 132 of the Code shall apply to any person acting under this section .

4.Application of Code .—The provision of the code In so far as they are not inconsistent with this Act shall be applicable thereto .

5. Investigations.---(1) All the scheduled offences shall be cognizable and non-bailable..

(2) All scheduled offences  ,where armed forces /Civil  armed forces  are acting in aid of civil authority ,shall be inquire into and investigated by a joint investigation team comprising of one gazzetted  police officer and two officers from the armed forces/civil armed forces . the joint investigation team shall be headed by the police officer as aforesaid .

(3) Whenever a person is arrested or detained in custody under clause(b) or clause (C) of sub-section (2) of section 3 and it appears  that the inquire or investigation cannot be completed within the period of twenty-four hours ,the head of joint investigation  Team or any other officer acting under him, excluding the time necessary for journey from the place of arrest of detention to the court shall produce him before a Special judicial Magistrate and may apply for remand of the accused to the custody of the police or custody of any other investigation agency .

(4)A Special judicial Magistrate may remand the accused from time to time .in such custody as such Special judicial Magistrate think fit for a term not exceeding sixty days.Provide that the Special judicial Magistrate shall not remand an accused person to custody under this section for a period exceeding fifteen days at a time .

Provided further that all such reports requesting for further  custody of the accused shall be submitted through the Public prosecutor.

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WRITER IS PRACTISING LAWYER AT LAHORE HIGH COURT,CO-CHAIRMAN HUMAN RIGHTS COMMITTEE LAHORE HIGH COURT BAR 2015-2016, WRITER OF LAW BOOK , RULE OF LAW, MEN KI DUNEA KI JEET& WRITES COLUMNS IN URDU AND ENGLISH NESPARERS & JOURNALS  OF NATIONAL AND INTERNATIONAL.