Chapter 3 Tribal Areas of Pakistan - Constitution of Pakistan

246. Tribal Areas.

In the Constitution,

(a) "Tribal Areas" means the areas in Pakistan which, immediately before the commencing day, were Tribal Areas, and includes

(i) the Tribal Areas of [Balochistan] and the [Khyber Pakhtunkhwa] Province; [ * * ]

(ii) the former States of Amb, Chitral, Dir and Swat;

(b) "Provincially Administered Tribal Areas" means

(i) The districts of Chitral, Dir and Swat (which includes Kalam), [the Tribal Area in Kohistan district,] Malakand Protected Area, the Tribal Area adjoining [Mansehra] district and the former State of Amb; and

(ii) Zhob district, Loralai district (excluding Duki Tehsil), Dalbandis Tehsil of Chagai District and Marri and Bugti tribal territories of Sibi district; and

(c) Federally Administered Tribal Areas includes

(i) Tribal Areas adjoining Peshawar district;

(ii) Tribal Areas adjoining Kohat district;

(iii) Tribal Areas adjoining Bannu district;

[(iiia) Tribal Areas adjoining Lakki Marwat District;]

(iv) Tribal Areas adjoining Dera Ismail Khan district;

[(iva) Tribal Areas adjoining Tank District;]

[(v) Bajaur Agency;

(va) Orakzai Agency;]

(vi) Mohmand Agency;

(vii) Khyber Agency;

(viii) Kurram Agency;

(ix) North Waziristan Agency, and

(x) South Waziristan Agency.

247. Administration of Tribal Areas.

(1) Subject to the Constitution, the executive authority of the Federation shall extend to the Federally Administered Tribal Areas, and the executive authority of a Province shall extend to the Provincially Administered Tribal Areas therein.

(2) The President may, from time to time, give such directions to the Governor of a Province relating to the whole or any part of a Tribal Area within the Province as he may deem necessary, and the Governor shall, in the exercise of his functions under this Article, comply with such directions.

(3) No Act of [Majlis-e-Shoora (Parliament)] shall apply to any Federally Administered Tribal Area or to any part thereof, unless the President so directs, and no Act of [Majlis-e-Shoora (Parliament)] or a Provincial Assembly shall apply to a Provincially Administered Tribal Area, or to any part thereof, unless the Governor of the Province in which the Tribal Area is situate, with the approval of the President, so directs; and in giving such a direction with respect to any law, the President or, as the case may be, the Governor, may direct that the law shall, in its application to a Tribal Area, or to a specified part thereof, have effect subject to such exceptions and modifications as may be specified in the direction.

(4) Notwithstanding anything contained in the Constitution, the President may, with respect to any matter within the legislative competence of [Majlis-e-Shoora (Parliament)], and the Governor of a Province, with the prior approval of the President, may, with respect to any matter within the legislative competence of the Provincial Assembly make regulations for the peace and good government of a Provincially Administered Tribal Area or any part thereof, situated in the Province.

(5) Notwithstanding anything contained in the Constitution, the President may, with respect to any matter, make regulations for the peace and good Government of a Federally Administered Tribal Area or any part thereof.

(6) The President may, at any time, by Order, direct that the whole or any part of a Tribal Area shall cease to be Tribal Area, and such Order may contain such incidental and consequential provisions as appear to the President to be necessary and proper:Provided that before making any Order under this clause, the President shall ascertain, in such manner as he considers appropriate, the views of the people of the Tribal Area concerned, as represented in tribal jirga.

(7) Neither the Supreme Court nor a High Court shall exercise any jurisdiction under the Constitution in relation to a Tribal Area, unless [Majlis-e-Shoora (Parliament)] by law otherwise provides:

Provided that nothing in this clause shall affect the jurisdiction which the Supreme Court or a High Court exercised in relation to a Tribal Area immediately before the commencing day.

Protocol of Zionists

Salam My dear Muslims.

The politics nd Democracy of todays age is a ful game of Jews, ZIONISTS (In JEWS the most idiot relgus belief whose ideal z FIRON.)

nd i can prove it by givng u the refrnc from their book,protocls which they writen in 1905 in which these Zionists mentn all plans of ruling over the world.

Refrence

Book: PROTOCOLS OF ZIONISTS

Protocol # 01

page# 07

point# 06,11

P. 6! Politicl fredom z an idea bt not a fact. This idea one must knw hw 2 aply whenevr it apearz necesary wd ths bait of an idea 2 atract mases of the peopl 2 one,s party 4 the purpos of crushng anothr who z n authority.ths task z renderd easier of the oponent has hmslf been infctd wd the idea of fredom,SO-CALLED LIBERALISM,nd 4 the sake of idea,z wiling 2 yield some of hz power.it z precisely here dat the TRIUMPH ( a great succes ) of our theory apearz,the slackened reins (Lazy & carels ruler) of Govt r imediatly,by the law of life,caught up nd gatherd togethr by a new hand,bcz the blind might of the nation can,t 4 one singl day exist wdout guidance,nd the new authority merely fits into the place of the old already weaknd by Liberalism.

P.11 ! The political has nothng in comon wd the moral.The ruler who governd by the moral z nt a skiled politician,nd z therefore unstabl on his throne.He who wishes to rule must hv recourse both on cuning nd to make-believe.Great national qualitz,like frankns & honesty r vices in politcs for they bring down rulerz frm their thrones more efectivly & more powrful enemy.

Plz Wake up now

MULTIDIMENSIONAL THREAT TO THE SECURITY OF PAKISTAN

Introduction

The term ‘national security’ is essentially a states’ mission to meet internal as well as external threats to the existence of the state!

There are many elements associated with national security; however, in short, a nation requires mature political system, economic strength, proactive diplomacy, military muscle and above all, unity to make sure that it is secure.

Pakistan, due to its geo-strategic location, immature politicians and judiciary, psycho-social makeup, vulnerable inner front , poor economy, two hostile neighbors’, Indian and Western presence in Afghanistan, nuclear capability and above all, due to its ‘ideology’ faces a number of security issues today. The so-called fourth pillar of the state, media is an added threat to our beloved homeland, Pakistan.

The concept of Pakistan’s national security has a close linkage with regional and global environment which have undergone much change in the past three to four decades especially after ‘Cold War’ and much more in post 9/11 years. Today, so-called terrorism/religious extremism, proliferation/Weapons of Mass Destruction (WMD), military rule, and human rights issues are seen as a threat to global stability.

International Environment

United States of America

US with a declining but good-to-do economy, overwhelming military strength and vast political clout continue to play the leading role. Its international as well as a few national policies are framed by Zionist Israel. US have taken several unilateral offensives against international laws to defend its own national interest but in case of Israel, USA has failed badly.

European Union, UK, Britain, France and Commonwealth

EU, Commonwealth, UK and several other western countries are seen as pro-US due to common security related issues and common agenda. Similar to US these are also controlled by Israeli Puppets.

RUSSIA

Russia is likely to play a limited role in Global issues and relatively important role in regional issues mostly taking China onboard. But very soon, Russia will be, once again, one of the superpowers.

China

China is likely to adopt a non-confrontational approach towards USA and will focus on developing its economy. But China’s will to establish military bases in Pakistan (probably KPK Province) is a clear indication that China wants to counter American (and its allies) presence in Afghanistan. China will continue to support Pakistan in issues relating to Indo-Pak relations until and unless they are not against China’s own national interests. Moreover, China is likely to play a greater role in global affairs in coming years because of its booming economy and ever increasing military strength. Furthermore, military, economic, and diplomatic help can be expected from China in any future conflict with India.

Indian-US nexus is trying its best to dent Pakistan-China relations. They are mainly doing it by causing religious unrest in China’s Xinjiang province. India’s ‘Cold Start’ Doctrine (as discussed later) cannot be executed as long as Pakistan and China are allies. Engaging forces on Northern as well as Western Border will be suicidal for India.

Muslim Ummah

Muslim Ummah has so far not been able to develop political consensus on key issues. Organization of Islamic Cooperation (OIC) has failed miserably. It is the need of the hour to establish Muslim Peace Keeping Organization/Muslim Defense League. The developed Muslim countries must help under-developed and developing Muslim countries. Unified approach is needed to tackle the problems faced by Muslim Ummah today.

United Nations Organization

UN replaced League of Nations after Second World War as international peace keeping body. But just like League of Nations, UN has been used by Western Powers to legitimize all actions of theirs under leadership of USA against Muslims, whether it is regarding imposing sanctions on Iran due to its nuclear programme or invading Iraq for crude oil under the pretext of finding Weapons of Mass Destruction (WMD), Muslims have been the victim of ‘international injustice by UN’.

Global War On Terror (GWOT)

Despite being the worst victim and front-line state in GWOT, international community still views Pakistan as a breeding ground for international terrorism. Any other major international terrorist act like 9/11, London or Madrid Bombing, 26/11 is likely to draw strong international reaction against Pakistan.

India

Indian threat cannot be ignored. India is becoming increasingly relevant to global and regional super powers and its strategic partnership with the US and nuclear deal between them is dangerous for Pakistan. Increasing military and political co-operation between India and Israel is also a threat to Pakistan. In Israel’s long-term plan, India will provide Israel with the manpower required to destroy ‘LAST FORT OF ISLAM’, Pakistan! Furthermore, India enjoys an excellent position to strike Pakistan. None of these things (strategic position and enough manpower) are enjoyed by Israel itself.

Indian aggressive and diplomatic foreign policy is making concerted efforts to implicate/reflect Pakistan as an epicenter of global terrorism in order to isolate it regionally as well as internationally. Apart from trying to isolate Pakistan in the region, Indians are pressing hard for securing a permanent seat in UN Security Council to have political edge over Pakistan. Unfortunately, it has found current government (PPP) as an ally. In case of permanent seat, India will be able to veto any resolution it wants to.

Afghanistan

The situation on the western border has worsened with the decline of Taliban Rule and presence of foreign forces in the heart of Asia, Afghanistan.

Exploitation of the situation by India has added a new dimension to the security challenges of Pakistan.

The border must be fenced, mined and properly drawn between Afghanistan and Pakistan. Relations with the state of Afghanistan need to be redefined and we have to differentiate between our friends and foes.

Relevance of Shanghai Cooperation Organization (SCO)

SCO is actually trying to limit American influence in the region. Pakistan must join SCO as soon as possible.

Internal Threats

Sectarian divide, lack of unity and consensus, regional prejudices, and increasing demand for ‘greater provincial autonomy’. This needs to be stopped as this is helping India, Israel and US in their “Great Game Plan”.

Our political system has not matured due to lack of continuity, non-representation of middle and lower class and government by so-called Elites. Today, we stand in the middle of nowhere. We neither have dictatorship nor true democracy. Though both are of no use but standing in the middle of nowhere is also of no good.

Our economy is poor due to corruption, tax evasion and mismanagement. Today, we totally depend on foreign aid and loans. Energy and security problems coupled with inconsistent government policies are hampering industrial progress. All this, along with high rate of population growth has resulted in slow, overall, development rate.

Our Judiciary is not only corrupt but also incompetent. Political influence has worsened the situation.

Presence of millions of Afghan Refugees in Pakistan is an added problem. Rate of unemployment has risen significantly. This has also given rise to Kalashnikov Culture which has not only given rise to robberies and murders but also terrorism. These Afghanis, in collaboration with foreign intelligence agencies are spreading terrorism in Pakistan.

Perhaps, one of the major internal threat to our nation is due to our incapable, incompetent, irresponsible and so-called ‘free’ media. Our media is ‘free-to-criticize-only’. It is spreading hatred against Pakistan Army and Ideology of Pakistan. Today, due to this ‘Awaara’ media our lower class and upper class youth is no more interested in liberating Kashmir and Palestine from oppressive rule of hostile nations. What they want is a luxurious life, mostly in United States. Brothers and sisters this is NOT the way out. As Allama Iqbal said: “The Western civilization will commit suicide with its own dagger, It will be like a nest on a delicate bough which will neither be lasting nor permanent”. Media is no less than a nuclear weapon and has a key role to play in public opinion. A code of conduct is required to be implemented which will lead to mature and balanced reporting.

Baluchistan Liberation Army is another threat. External forces, from their bases in Afghanistan, are now operating in Pakistan’s largest but thinly populated province as part of their ‘Great Game Plan’. Among these external forces the leading role is of India, US, Israel and a few Middle East Countries. Baluchistan has been a victim of neglect. Social and economic uplift programmes are desperately needed there. Furthermore, Baluchistan’s mineral potential should be explored and exploited. This will not only provide employment opportunities but the province will also get developed.

Undoubtedly, the biggest internal threat Pakistan currently is facing is of terrorism as well as extremism. The basis of extremism in Pakistan was laid with initiation of Afghan Jihad but the situation was later exploited by foreign and anti-state elements. Terrorism has resulted in Pakistan’s poor international image. Poverty, lack of education, unemployment and poor media handling exposes our youth to exploitation by anti-sate elements. Don’t worry…our nuclear arsenal is safe. India is quite brilliantly exploiting the situation and trying to convince other nations that Pakistan’s Nuke’s are unsafe.

External Threats

International Media

There is a well-planned as well as well funded campaign in international media against Pakistan and Pakistan’s Armed Forces.

Media is just like a nuclear weapon and can change the views of the mases. It is not only being used to deteriorate our international image but also as a tool to destroy our Islamic Ideology. Unfortunately, General (R) Pervez Musharraf aided them in their mission.

Indian T.V. Channels and Movies needs to be banned immediately.

Indian and American Presence in Afghanistan

As discussed earlier: Indian and American presence in Afghanistan is not only creating socio-economic problems in Pakistan but is also giving rise to terrorism and in several cases, religious extremism.

India, USA, UK, along with several other countries are continuously financing, training, and supporting terrorist to fight a so-called Jihad against Pakistan. Scores of Indian consulates operating in the near vicinity of Pak-Afghan borders is a clear indication if this.

Same countries are also supporting Baluchistan Liberation Army.

Indian Threat

Pakistan and India are in a continuous state of Cold War since 1947. And it's clear that they can't be friends! IT's something very clear! From cricket to Military Strength, Pakistan and India are always competing each other!

This clash between two nuclear arch rivals is visible also at global level in political and diplomatic spheres and on four occasions, since 1947, world has witnessed the physical incarnation of this prolonged duel. Major wars erupted in 1948, 1965 and 1971. Since early 1980’s both countries are fighting over Siachin. In 1986 both nations were again close to a full-scale war which was avoided by Gen. Zia’s political masterstroke. While in 1999 both countries fought bitterly over the hills of Kargil almost leading to a high intensity nuclear war. In 2002, another major standoff involving over a million armed troops was witnessed by the world. In 2008, after the Mumbai attacks, both countries again came dangerously close to another war. Countless border clashes over the Line of Control in Kashmir and across the working boundary took place and now have become a routine. Anyone of these can trigger a war between India and Pakistan. But it can be said for sure that like 1965 war, this time, war will either last for 2-3 week or unlike previous wars, this time war will last only for a day or two.

Indirect Indian Threat

Indian Indirect Threat consists of three major things: a. Media (already explained), b. Terrorism (already explained) c. Water Crisis.

India already have complete control over its western (our eastern) rivers and is now skillfully trying to control the flow our western (Afghanistan’s eastern) rivers as well. This is not only leading to scarcity of water in times of need in Pakistan but also to devastating floods such as those witnessed in Summer 2010.

Direct Indian Threat

Imbalance of military power is the biggest enemy to peace if the imbalance is in the favor of a Zionist State such as United States.

India is continuously increasing its military strength by inducting modern weapons and the balance of conventional military power will soon be in its favor until and unless we withdraw support for Coalition Forces in Afghanistan and disengage our Army from GWOT. Police, Frontier Corps, Frontier Constabulary, and Rangers should be trained on modern lines to counter growing terrorism within Pakistan. An over-engaged Army can never fight effectively.

Indian Cold Start Doctrine

Cold Start is a military doctrine developed by the Indian Armed Forces in 2004. It involves joint operations between India's three main services (Army, Navy, and Air Force) and integrated battle groups for offensive operations. Cold Start Doctrine aims at offensive operations on other countries in a surprising manner by minimizing the mobilization time and using Air Power.

Cold Start Doctrine is not a new concept, in fact, such strategy already exist in NATO.

Indian Cold Start Doctrine is said to be Pakistan specific. But it must be kept in mind that no country/army in the world will ever ‘publish’ (disclose) their future war strategy.

Defensive Corps/Holding Corps (Indian Army): As the name suggest, this group of Corps is meant to be deployed closer to border with a primary task of ‘hold the line’ or ‘defend the border/LoC’. In other words, holding the advancement of any invading army was/is the primary role of these corps.

Strike Corps (Indian Army): Primary task of strike corps is to attack Pakistan. Strike Corps are deployed far away from borders. So, India, will first have to move Strike Corp elements far away from existing garrisons/cantonments’ if they really want ‘Cold Start’ to be ‘Cold Start’ and not a ‘Failed Attempt’.

Cold Start is just a written doctrine and can NEVER be executed against Pakistan due to our nuclear weapons. But capability of our Defending Corps must be increased to reduce the risk. This doctrine can be very successfully executed against countries like Nepal and Sri Lanka because they neither have nuclear weapons nor any effective air defense systems.

Recommendations/Problems of Cold Start Doctrine

Pakistan Air Force (PAF) and Pakistan Army (PA) should increase their Air Defense capability. PAF should induct more AWACS. The numerical difference between Indian Air Force (IAF) and PAF is reducing continuously largely due to induction of JF-17 Thunder in PAF. IAF, though inducting high level weapons and combat aircrafts holds a very poor record of maintenance. It has the worst crash record in history. Indian Surface-to-Air Missiles (SAM’s) are no solution to Pakistan’s Ballistic and Cruise Missiles . But state-of-the-art fighter F-16 block C/D (E/F preferred) (or F-15 Eagle) should be inducted in PAF as soon as possible.

Sepoy’s formal education must be given priority. Today, “JAALI DEGREES’s” are not difficult to have. Uneducated sepoys cannot use military equipment in an excellent manner and they find it very difficult to take decisive action in battle field in times of absence of orders.

Pakistan Navy (PN) should induct fast moving ships in order to enhance their mobility. Furthermore, an aircraft carrier should be inducted on emergency basis to counter growing power of Indian Navy (IN). Blue Water IN with aircraft carrier and numerical strength will give us serious and effective resistance in case of war. Their amphibious landing capability is also a threat to our coastal areas.

Slow mobilization of large armour of Indian army was witnessed in 2002’s Military stand-off  It took three weeks for Indian armor divisions to converge on advance positions along Pakistan-India border.

Indian Army has been unsuccessful in any conventional war against Pakistan (other than 1971). So, it is obvious that it’s impossible for them to capture a nation having WMD’s.

Pakistan’s close ties with Gulf States and Indian dependence on these states for fuel is another problem for India. In future conflict with Pakistan, India will need huge fuel reserves because during the war they may not be exported fuel by Gulf States (though this can NOT be said for sure).

Pak-Iran military and strategic ties. Iran can supply Pakistan with critical energy resources in times of war. On the contrary, India has no such neighbor.

Wireless communication ability of Pakistan Army and Pakistan Rangers should be increased. Cantonments should be built near the border and more gun-ship helicopters should be inducted. However, before doing all this Pakistan should get rid of GWOT.

Indian instability. India is itself an unstable country and is constantly under threat of civil war.

India has conducted five major military war games since 2004, just to test and refine its Cold Start strategy and India is continually developing this strategy, which is still in its test phase.

Our Weak Points:

India has satellite surveillance capability with ability to update every inch of Pakistan within a few weeks.

Indian Navy is the sole regional power with ambition to achieve global power status.

Indian Armed Forces are numerically much stronger than Pakistan’s.

Kaafir Hai To Shamsheer Pe Rakhta Hai Bharosa
Momen Hai To Be Tegh Bhi Larta Hai Sipahi
(ALLAMA IQBAL)

Atrocities on Kashmir by India

Pressure is mounting on India’s government to launch a full-scale investigation to identify over 2,000 corpses interred in unmarked graves across Kashmir and detailed in a recent state human rights commission report.

The existence of the graves, many of which hold the remains of civilians who died in a brutal insurgency in the state in the 1990s, has long been known by locals and was detailed in a 2008 report by a Kashmiri human rights group.

But the new report, the result of three years of investigation by police officers working for the Jammu and Kashmir State Human Rights Commission, gives an official imprimatur to the existence of the graves and increases pressure on New Delhi to launch its own investigation.

The report, which has not yet been officially released but was first reported by the Indian Express on Sunday, found around 2,700 corpses in four districts of northern Kashmir and was able to identify 574 as those of local residents.

Now, Amnesty International, the London-based human rights group is pushing for India’s central authorities to preserve the evidence and allow impartial forensic experts to carry out investigations

on skeletal remains in line with best practices laid down by the United Nations.

That builds on pressure from the authors of the new report for a more thorough inquiry and a collection of DNA evidence of the still-unidentified bodies. Amnesty quoted the report, which it has reviewed, as saying that failure to carry out such tests would imply that the central government “wants to remain silent deliberately to hide the human rights violations.”

The insurgency against Indian rule in Kashmir began in 1989 and killed tens of thousands of people over the following decade, including many civilians. Pakistan, which also claims the Indian-controlled Kashmir valley where most of the fighting happened, fueled the insurgency by sending militants to fight Indian troops and also by providing training and arms to Kashmiri groups.

When the unmarked graves came to light, many on the edges of villages in the valleys near the defacto border with Pakistan-controlled Kashmir, local police said they were unidentified militants, a local code-word for Pakistanis.

Thousands of young Kashmiris also went missing during the fighting. Some went over to Pakistan for training and were never seen again. Others were picked up by Indian troops on suspicion of involvement with militant groups, something referred to locally as “enforced disappearances.”

India’s army and paramilitary police are shielded by special laws from prosecution in the state. The new report urges that authorities in the future properly identify anyone killed by security forces to avoid those laws being used to cover-up human rights violations.

The Association of Parents of Disappeared Persons, a Srinagar-based rights group which wrote the 2008 report on unmarked graves, estimates that around 10,000 people have gone missing in Jammu and Kashmir since the early 1990s.

Zahoor Wani of the group welcomed the report. But he said the government should now move to hold accountable those responsible for the killings. “Why is the government not taking any step against persons involved in enforced disappearances?”

Mr. Wani also said it’s too early to jump to conclusions on the identity of the bodies. “Enforced disappearances can be related to the mass graves but we can’t be sure” without DNA tests, he said. “Their families have been living in the hope of seeing them again. For them they are neither dead nor alive, they are somewhere in between.”

Jammu and Kashmir’s chief minister Omar Abdullah on Tuesday reiterated a longstanding demand for a South-Africa style truth and reconciliation commission for Kashmir, in which victims of human rights abuses could give testimony and perpetrators of violence could also appear without fear of prosecution. This option was rejected by Syed Ali Shah Geelani, a Kashmiri separatist leader, who instead called for the graves to be probed by a U.N. tribunal.

The Jammu and Kashmir State Human Rights Commission will Sept. 16 hold its first hearing on the unmarked graves, Tariq Ahmad Banday, the commission’s secretary, told India Real Time. Only after that will a final report and recommendations be filed to the state government, he said.

Five Steps to Accomplishing Your Goals

By: Haris Bin Saqib

“He, who moves not forward, goes backward”  

Johann Wolfgang von Goethe

There are times in life when you either move forward towards accomplishing goals or you backup from them. It’s just the matter of steps you take. If you take prominent steps it means you will soon avail your goal. But if you sit around and do nothing, it’s obvious you won’t achieve anything besides that fact that you’re letting the time, moment and opportunity pass by.

Here are some steps that will surely you help you accomplish whatever it is you want.

1. Get a Clear Image of What You Want to Achieve

You need to have a clear idea of what exactly it is that you want to accomplish. The image must be crystal clear. You can’t expect to have to have a better job by saying, “I want a better job”. You have to know what job is actually better for you. Similarly, if you say you want to go to college for further studies, you have to know where the institution is, and what field you will be selecting that will be beneficial for your career path.

2. Get All the Details

After deciding what you want to achieve, the next step is to have all the details written down. You’ve figured out “WHAT”, now you need to know: “WHY”, “WHO”, “WHERE”, and “HOW”. Figure out what your plan is and write down all the tiniest of details. Make sure you have pictured all the scenarios from every angle.

3. Never Get Discouraged

You’ve started working your plans out but in the middle somewhere, you’ll feel being let down with negativity. Never let anyone or anything pull you back or hold you down. If you ever feel discouraged, go sit alone for a while and recall how you felt when you were planning to accomplish your goal. You’ll feel energized after those memories come back to you.

4. Familiarize Yourself with the Idea of Failure

On your ladder of progress, you have to expect the ups and downs. Sometimes you won’t achieve what you want immediately, and sometimes you may even fail at it. Visualize yourself in that position where you have failed and strategically think about the back up plans. What will I do if this happens? What will I do if this goes wrong? There is always a way out of failure and another window is always opened for those who figure it out.

5. Your Goal Comes First Everything Else is Secondary

If you’re ambitious and you really want to achieve something then there will some things in life that you will have to sacrifice. You will be spending maximum amount of your time on your goal and very less on other things. Your goal is your foremost priority; everything else comes second.

Remember, you always have to move forward when it comes to progress and you can never step back from availing it.

Aakhri khat by Major Imran to his wife...before he embraced shahadat...

Akhari Khat.

Major. Imran Ahmed, Punjab Regiment, 4th Batallion.

Miranshah, North Waziristan, F.A.T.A.

August 14, 2011

Mrs. Maira Imran.

74/1 Khayaban E Bahria

Lahore, Punjab, Pakistan

Assalamoalaikum,

Kaisi ho Maira? Ummeed hai khairiat se hogi, main bhi khairiat se hee hoon. Maira shayad yeh khat mera aakhri khat ho isliye isko sambhaalkar rakhna, kamsekam jab tak Zaid bada nahin hojaata. Kal Zaid ki doosri saalgirah thi, main aa nahin paaya. Kaise aata? Hum logon ko ek family ke liye nahin, humaari 17 crore logon ki family ke liye kaam karna padraha hai. Meri taraf se Zaid ko bohot pyaar karna aur humaare study ki cabinet ki sabse aakhri daraaz mein green file ke neeche ek envelope hai, woh Zaid ko dedena. Maine us envelope ko aise hee waqt ke liye rakh chorha tha. Usmein uske liye mera tohfa aur ek khat bhi hai joh usko akele padhne dena.

Is waqt tak toh is khat par do aansoo girchuke honge, aakhir tum aurtein itni emotional kyun hoti ho main kabhi samajh nahin paaya. Zaid ko is tarah ka matt banaana, I want my son to be brave just like me. Zaid ki tasveerein dekhi maine, pehle kabhi nahin kaha ab kehraha hoon, woh bilkul tumpar gaya hai. Uski aankhein, uske baal, uska maatha, sab kuch tumpar hai. Pehle kabhi shayad male ego ki waja se nahin kaha, ab socha keh hee doon. Maira yeh jung bohot mushkil hai kyunke ismein donon taraf humaare apne hain, aur jung ka asal marhala apnon ko goliaan maarna hota hai. Aksar toh dus baar sochte hain, par jab pehle goli wahan se aati hai toh jawaab mein humein bhi goli chalaani padti hai. Yahan rehne waale bohot takleef se guzar rahe hain, sirf isliye taake hum unke gharon ko is operation ke liye istamaal karsakein. Sab kisi na kisi tarah is mulk ke liye qurbaanian dene par lage huye hain, aakhir yeh mulk hai hee itna pyaara.

Parson humaari duty ek school mein lagaayi gayi. Ek foji ke liye chowkidaar ki tarah school ki rakhwaali karne se badtar kuch nahin hai, yehi sochkar bohot dair tak mera muun bana raha. Par phir jab saare bacchon ko school aakar buland awaaz mein Pakistan ka qomi taraana gaate huye suna toh yoon samjho saara ghussa pighalgaya. Un bacchon ko bina darr ke padhta dekhkar dil ko bohot khushi huyi, unke chehre mutmayeen thay kyunke woh jaante thay ke kuch nahin hoga kyunke hum wahan hain. Ek dehshatgard ne school ki imaarat ke andar bomb fix kardiya tha, agar hum evacuation karvaate toh bohot sa jaani nuqsaan hosakta tha, isi liye maine wohi kiya joh ek foji ka farz tha apne mulk ke bacchon ke liye. Maine us bomb ko haath mein uthaaya aur usko lekar school ki imaarat se duur bhaag gaya. Bahar jaakar blast hogaya aur main yahan hospital mein admit hogaya. Mujhe is sabka koi afsos nahin hai Maira, kyunke woh bacche salaamat rahe. Maine toh foj join hee isliye ki thi taake apne is paak watan ko apni jaan ka nazraana desakoon. Main shaheed hoon Maira, mujhe inhi alfaaz mein yaad kiya karna, aur Zaid se kehna ke woh bhi sabko fakhr se bataaye ke uska baap mulk ki khidmat karte waqt on duty shaheed hua hai. Zaid bohot pyaara baccha hai Maira, aur ab tumhein akele usko paalna hoga. Aaj marte marte waseehat kar raha hoon, Zaid ko bhi foji banaana Maira. Is kaam mein ek ajeeb sa nasha hai, shaahadat ka nasha, mulk ke liye jaan qurbaan karne ka nasha, aur is nashe ke aage duniya ka har kaam pheeka hai. Meri maut par afsos naa karna, jashn manaana kyunke main teen sau bacchon ko bachaakar jaan deraha hoon, aur waise bhi shaheedon ki maut par roya nahin fakhr kiya jaata hai.

Maira, tumhein ab khud hee apna khayaal rakhna hoga. Apne ammi abbu ko apne paas bulaalena, tumhein akele rehne ki aadat nahin hai. Maira jab tum mere ramp ceremony (funeral) par aaogi toh wahan meri uniform, medals aur badges Zaid se collect karvaana. Main chahta hoon woh is umar mein hee ek foji hone ke jazbe ko mehsoos kare. Bas main itna kehsakta hoon ke mujhe intezaar hai ab apne mulk ke hilaali parcham se lipatkar shaheed kehlaaye jaane ka. Main aaunga apni ramp ceremony par, dekhne ke liye ek shaheed ki maut par kitni ronaq hoti hai. Jab mere honour mein goliaan fire karke salaami diye jaane ki awaaz sununga, tabhi meri rooh ko sukoon pohonchega. Ab alvida kehdeta hoon kyunke is sabko kehne ke baad naa hee tum aur padhne ka qaabil hogi aur naa hee main likhne ke. Isliye alvida, apna aur Zaid ka bohot khayaal rakhna. Tumhaare paas Zaid is mulk ki amaanat hai, aur amaanat ko ek din lautaana hee hota hai. Main intezaar karunga Zaid ki shahaadat ka. Khayaal rakhna.

With Love,

Major Imran Ahmed, Punjab Regiment, 4th B

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Subhanallah, it is a very emotional letter. May Allah bless and increase their rank every passing moment and bless their families abundantly here and hereafter. Ameen

Prevention of Electronic Crimes Ordinance 2007

An ordinance to make provision for prevention of the electronic crimes

WHEREAS it is expedient to prevent any action directed against the confidentiality, integrity and availability of electronic system, networks and data as well as the misuse of such system, networks and data by providing for the punishment of such actions and to provide mechanism for investigation, prosecution and trial of offences and for matters connected therewith or ancillary thereto;

AND WHEREAS the National Assembly stands dissolved and the President is satisfied that the circumstances exist which render it necessary to take immediate action;

Now, THEREFORE, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan and in exercise of all powers enabling in that behalf, the president is pleased to make and promulgate the following Ordinance: -

1. Short title, extent application and commencement. –

This Ordinance may be called the Prevention of Electronic Crimes Ordinance, 2007.

It extends to the whole of Pakistan.

It shall apply to every person who commits an offence under this Ordinance irrespective of his nationality or citizenship whatsoever or in any place outside or inside Pakistan, having detrimental effect on the security of Pakistan or its nationals or national harmony or any property or any electronic system or data located in Pakistan or any electronic system or data capable of being connected, sent to, used by or with any electronic system in Pakistan.

It shall come into force at once.

2. Definitions. –

In this Ordinance, unless there is anything repugnant in the subject or context, -

1. "access" means gaining access to any electronic system or data held in an electronic system or by causing the electronic system to perform any function to achieve that objective;
2. "Authority" means the Pakistan Telecommunication Authority established under section 3 of the Pakistan Telecommunication (Re-organization) Act 1996 (XVII of 1996);
3. "Code" means the Code of Criminal Procedure, 1 898 (Act V of 1898);
4. "Constitution" means Constitution of the Islamic Republic of Pakistan;
5. "data" means representations of information or of concepts that are being prepared or have been prepared in a form suitable for use in an electronic system including but not limited to computer program, text, images, sound, video and information within a database or electronic system;
6. "decision of the Authority" means decision given, determination made or order passed by the Authority under any of the provisions of the Pakistan Telecommunication (Re-organization) Act 1996 ( XVII of 1996) on any matter related to one or more licensed operators in pursuant to the powers conferred upon the Authority by any other law, rules , regulation or directive for the time being in force which includes any interim order passed by the Authority pending final decision;
7. "Electronic Certification Accreditation Council" means the council established under section 18 of the Electronic Transaction Ordinance 2002(LI of 2002);
8. "electronic" includes but not limited to electrical, digital, analogue, magnetic, optical, biochemical , electrochemical, electromechanical, electromagnetic, radio electric or wireless technology;
9. "electronic device" means any hardware which performs one or more specific functions and operates on any form or combination of electrical energy.
10. "electronic mail message" means any data generated by an electronic system for a unique electronic mail address;
11. "electronic mail address" means a destination , commonly expressed as a string of characters, consisting of a unique user or group name or mailbox , commonly referred to as the local part, and a reference to an internet or intranet domain commonly referred to as the domain part, whether or not displayed , to which an electronic mail message can be sent or delivered or originated from and includes an electronic mail address which may be permanent, dynamic or disposable;
12. "electronic system" means any electronic device or a group of interconnected or related devices, one or more of which, pursuant to a program or manual or any external instruction, performs automatic processing of information or data and may also include a permanent, removable or any other electronic storage medium;
13. "encrypted data" means data which has been transformed or scrambled from its plain version or text to an unreadable or incomprehensible format and is recoverable by an associated decryption or decoding technique, regardless of the technique utilized for such transformation or scrambling and irrespective of the medium in which such data occurs or can be found for the purposes of protecting such data;
14. "function" includes logic, control, arithmetic, deletion, storage and retrieval and communication or telecommunication to, from or within an electronic system;
15. "Interpol" means International Criminal Police Organization;
16. "offence" includes, -

a. an offences punishable under this Ordinance;

b. an offence punishable under the laws mentioned in the Schedule; or

c. any other offence punishable under any other law for the time being in force if committed through or by using any computer, electronic system, electronic means or electronic device as a mean or tool;

1. "plain version" means original data before it has been transformed or scrambled to an unreadable or incomprehensible format or after it has been recovered by using any decryption or decoding technique;
2. "rules" means rules made under this Ordinance;
3. "Schedule" means the Schedule to this Ordinance;
4. "sensitive electronic system" means an electronic system used directly in connection with or necessary for -
   1. the security, defence or international relations of Pakistan;
   2. the existence or identity of a confidential source of information relating to the enforcement of criminal law;
   3. the provision of services directly related to communications infrastructure, banking and financial services, public utilities, courts, public transportation, public key infrastructure, payment systems infrastructure or e-commerce infrastructure;
   4. the protection of public safety including systems related to essential emergency services such as police, civil defence and medical services;
   5. the purpose declared as such by the Federal Government in accordance with the prescribed procedure; or
   6. containing any data or database protected as such, by any other law.
5. "service provider" includes but not limited to , -
   1. a person acting as a service provider in relation to sending, receiving, storing or processing of electronic communication or the provision of other services in relation to electronic communication through any electronic system;
   2. a person who owns, possesses, operates, manages or controls a public switched network or provides telecommunication services; or
   3. any other person who processes or stores data on behalf of such electronic communication service or users of such service;
6. "subscriber information" means any information contained in any form thaf is held by a service provider, relating to subscriber’s services other than traffic data and by which can be established. -
   1. the type of communication service used, the technical provisions taken thereto and the period of service;
   2. the subscriber’s identity, postal ,geographic electronic mail address, telephone and other access number, billing and payment information, available on the basis of the service agreement or arrangement; or
   3. any other information on the site of the installation of communication equipment, available on the basis of the service agreement or arrangement;
7. "traffic data" means any data relating to a communication by means of an electronic system, generated by an electronic system that formed a part in the chain of communication, indicating the communication’s origin, destination, route, time, date, size, duration, or type of underlying service;
8. "Tribunal" means the Information and Communication Technologies Tribunal constituted under section 31; and
9. "unauthorized access" means access of any kind by any person to any electronic system or .data held in an electronic system or electronic device, without authority or in excess of authority, if he is not himself entitled to control access of the kind in question to the electronic system or electronic device, or data and he does not have consent to such access from any person, so entitled.

CHAPTER – II

OFFENCES AND PUNISHMENTS

3. Criminal access

Whoever intentionally gains unauthorized access to the whole or any part of an electronic system or electronic device with or without infringing security measures, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine not exceeding three hundred thousand rupees, or with both.

4. Criminal data access

Whoever intentionally causes any electronic system or electronic device to perform any function for the purpose of gaining unauthorized access to any data held in any electronic system or electronic device or on obtaining such unauthorized access shall be punished with imprisonment of either description for a term which may extend to three years, or with fine or with both.

5. Data damage

Whoever with intent to illegal gain or cause harm to the public or any person, damages any data is shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Explanation: For the purpose of this section the expression "data damage" includes but not limited to modifying, altering, deleting, deterioration, erasing, suppressing, changing location of data or making data temporarily or permanently unavailable, halting electronic system, choking the networks or affecting the reliability or usefulness of data.

6. System damage

Whoever with intent to cause damage to the public or any person interferes with or interrupts or obstructs the functioning, reliability or usefulness of an electronic system or electronic device by inputting, transmitting, damaging, deleting. altering, tempering, deteriorating or suppressing any data or services or halting electronic system or choking the networks shall be punished with imprisonment of either description for a term which may extend to three years, or with fine or, with both.

Explanation: For the purpose of this section the expression "services" include any kind of service provided through electronic system.

7. Electronic fraud

Whoever for wrongful gain interferes with or uses any data, electronic system or electronic device or induces any person to enter into a relationship or with intent to deceive any person, which act or omission is likely to cause damage or harm to that person or any other person shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with Both.

8. Electronic forgery

Whoever for wrongful gain interferes with data, electronic system or electronic device, with intent to cause damage or injury to the public or to any person, or to make any illegal claim or title or to cause any person to part with property or to enter into any express or implied contract, or with intent to commit fraud by any input, alteration, deletion, or suppression of data, resulting in unauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless of the fact that the data is directly readable and intelligible or not shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine or with both.

9. Misuse of electronic system or electronic device

a. Whoever produces, possesses, sells, procures, transports, imports, distributes or otherwise makes available an electronic system or electronic device, including a computer program, designed or adapted primarily for the purpose of committing any of the offences established under this Ordinance or a password, access code, or similar data by which the whole or any part of an electronic system or electronic device is capable of being accessed or its functionality compromised or reverse engineered with the intent that it be used for the purpose of committing any of the offences established under this Ordinance, is said to commit offence of misuse of electronic system or electronic devices:

Provided that the provisions of this section shall not apply to the authorized testing or protection of an electronic system for any lawful purpose.

b. Whoever commits the offence described in sub-section (1) shall be punishable with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

10. Unauthorized access to code

Whoever discloses or obtains any password, access as to code, system design or any other means of gaining access to any electronic system or data with intent to obtain wrongful gain, do reverse engineering or cause wrongful loss to any person or for any other unlawful purpose shall be punished with imprisonment of either description for a term which may extend to three years, or with, or with both.

11. Misuse of encryption

Whoever for %the purpose of commission of an offence or concealment of incriminating evidence, knowingly and willfully encrypts any incriminating communication or data contained in electronic system relating to that crime or incriminating evidence, commits the offence of misuse of encryption shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.

12. Malicious code

a. Whoever willfully writes, offers, makes available, distributes or transmits malicious code through an electronic system or electronic device, with intent to cause harm to any electronic system or resulting in the corruption, destruction, alteration, suppression, theft or loss of data commits the offence of malicious code:

Provided that the provision of this section shall not apply to the authorized testing, research and development or protection of an electronic system for any lawful purpose.

Explanation. – For the purpose of this section the expression "malicious code" includes but not limited to a computer program or a hidden function in a program that damages data or compromises the electronic system’s performance or uses the electronic system resources without proper authorization, with or without attaching its copy to a file and is capable of spreading over electronic system with or without human intervention including virus, worm or Trojan horse.

b. Whoever commits the offence specified in sub-section (1) shall be punished with imprisonment of either description for a term which may extend to five years, or with fine or with both.

13. Cyber stalking

a. Whoever with intent to coerce , intimidate, or harass any person uses computer, computer network, internet, network site ,electronic mail or any other similar means of communication to. -

i. communicate obscene, vulgar, profane, lewd, lascivious , or indecent language, picture or image;

ii. make any suggestion or proposal of an obscene nature;

iii. threaten any illegal or immoral act;

iv. take or distribute pictures or photographs of any person without his consent or knowledge;

v. display or distribute information in a manner that substantially increases the risk of harm or violence to any other person, commits the offence of cyber stalking.

b. Whoever commits the offence specified in sub-section (1) shall be punishable with imprisonment of either description for a term which may extend to seven years or with fine not exceeding three hundred thousand rupees, or with both:

Provided if the victim of the cyber stalking under sub-section (1) is a minor the punishment may extend to ten years or with fine not less than one hundred thousand rupees, or with both.

14. Spamming

a. Whoever transmits harmful, fraudulent, misleading, illegal or unsolicited electronic messages in bulk to any jerson without the express permission of the recipient, or causes any electronic system to show any such message or involves in falsified online user account registration or falsified domain name registration for commercial purpose commits the offence of spamming.

b. Whoever commits the offence of spamming as described in sub-section (1) shall be punishable with fine not exceeding fifty thousand rupees if he commits this offence of spamming for the first time and for every subsequent. commission of offence of spamming he shall be punished with imprisonment of three months or with fine , or with both.

15. Spoofing. -

a. Whoever establishes a website, or sends an electronic message with a counterfeit source intended to be believed by the recipient or visitor or its electronic system to be an authentic source with intent to gain unauthorized access or obtain valuable information which later can be used for any unlawful purposes commits the offence of spooling.

b. Whoever commits the offence of spooling specified in sub-section (1) shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

16. Unauthorized interception. -

a. Whoever without lawful authority intercepts by technical means, transmissions of data to, from or within an electronic system including electromagnetic emissions from an electronic system carrying such data commits the offence of unauthorized interception.

b. Whoever commits the offence of unauthorized interception described in subsection (1) shall be punished with imprisonment of either description for a term which may extend to five years, or with fine not exceeding five hundred thousand rupees, or with both.

17. Cyber terrorism. –

a. Any person, group or organization who, with terroristic intent utilizes, accesses or causes to be accessed a computer or computer network or electronic system or electronic device or by any available means, and thereby knowingly engages in or attempts to engage in a terroristic act commits the offence of cyber terrorism.

Explanation1: For the purposes of this section the expression "terroristic intent" means to act with the purpose to alarm, frighten, disrupt, harm, damage, or carry out an act of violence against any segment of the population, the Government or entity associated therewith.

Explanation2: For the purposes of this section the expression "terroristic act" includes, but is not limited to, –

i. altering by addition, deletion, or change or attempting to alter information that may result in the imminent injury, sickness, or death to any segment of the population;

ii. transmission or attempted transmission o a harmful program with the purpose of substantially disrupting or disabling any computer network operated by the Government or any public entity;

iii. aiding the commission of or attempting to aid the commission of an act of violence against the sovereignty of Pakistan, whether or not the commission of such act of violence is actually completed; or

iv. stealing or copying, or attempting to steal or copy, or secure classified information or data necessary to manufacture any form of chemical, biological or nuclear weapon, or any other weapon of mass destruction.

b. Whoever commits the offence of cyber terrorism and causes death of any person shall be punishable with death or imprisonment for life, and with line and in any other case he shall be punishable with imprisonment of either description for a term which may extend to ten years, or with fine not less than ten million rupees, or with both.

18. Enhanced punishment for offences involving sensitive electronic systems. -

a. Whoever causes criminal access to any sensitive electronic system in the course of the commission of any of the offences established under this Ordinance shall, in addition to the punishment prescribed for that offence, be punished with imprisonment of either description for a term which may extend to ten years, or with fine not exceeding one million rupees, or with both.

b. For the purposes of any prosecution under this section, it shall be presumed, until contrary is proved, that the accused had the requisite knowledge that it was a sensitive electronic system.

19. Of abets, aids or attempts to commits offence

a. Any person who knowingly and willfully abets the commission of or who aids to commit or does any act preparatory to or in furtherance of the commission of any offence under this Ordinance shall be guilty of that offence and shall be liable on conviction to the punishment provided for the offence.

b. Any person who attempts to commit an offence under this Ordinance shall be punished for a term which may extend to oneha1f of the longest term of imprisonment provided for that offence.

Explanation: For aiding or abetting an offence to be committed under this section, it is immaterial whether the offence has been committed or not.

20. Other offences

Whoever commits any offence, other than those expressly provided under this Ordinance, with the help of computer .electronic system, electronic device or any other electronic mean; shall be punished, in addition to the punishment provided for that offence. with imprisonment of either description for a term which may extend to two years, or with fine not exceeding two hundred thousand rupees, or with both.

21. Offences by corporate body

A corporate body shall be held liable for an offence under this Ordinance if the offence is committed on its instructions or for its benefit.’ The corporate body shall he punished with fine not less than one hundred thousand rupees or the amount involved in the offence whichever is the higher:

Provided that such punishment shall not absolve the criminal liability of the natural person who has committed the offence.

Explanation: For the purposes of this section corporate body, includes a body of persons incorporated under any law such as trust, waqf, an association, a statutory body or a company.

CHAPTER – III

PROSECUTION AND TRIAL OF OFFENCES

22. Offences to be compoundable and non-cognizable

All offences under this Ordinance shall be compoundable, non-cognizable and bailable except the offences punishable with imprisonment for seven years or more.

23. Prosecution and trial of offences

a. The Tribunal shall take cognizance of and try any offence under this Ordinance.

b. In all matters with respect to which no procedure has been provided in this Ordinance or the rules made thereunder, the provisions of the Code shall, mutatis mutandis, apply for the trial.

c. All proceedings before the Tribunal shall be deemed to be judicial proceedings within the meanings of sections 193 and 228 of the Pakistan Penal Code 1860 (XLV of 1860) and the Tribunal shall be deemed to be a Court for the purposes of sections 480 and 482 of the Code.

24. Order for payment of compensation

The Tribunal may, on awarding punishment of imprisonment or fine or both for commission of any offence, make an order for payment of any compensation to the victim for any damage caused to his electronic system or data by commission of the offence and the compensation so awarded shall be recoverable as arrears of land revenue:

Provided that the compensation awarded by the Tribunal shall not prejudice any right to a civil remedy for the recovery of damages beyond the amount of compensation awarded.

CHAPTER – IV

ESTABLISHMENT OF INVESTIGATION AND PROSECUTION AGENCIES

25. Establishment of investigation agencies and prosecution

The Federal Government shall establish a specialized investigation and prosecution cell within Federal Investigation Agency to investigate and prosecute the offences under this Ordinance.

Provided that till such time any agency is so established, the investigation and prosecution of an offence shall be conducted in accordance with the provisions of the Code:

Provided further that any police officer investigating an offence under this Ordinance may seek assistance of any special investigation agency for any technical in put, collection and preservation of evidence.

26. Powers of officer

a. Subject to obtaining search warrant an investigation officer shall be entitled to , -

i. have access to and inspect the operation of any electronic system;

ii. use or cause to be used any such electronic system to search any data contained in or available to such electronic system;

iii. have access to or demand any information, code or technology which has the capability of retransforming or unscrambling encrypted data contained or available to such electronic system into readable and comprehensible format or plain version;

iv. require any person by whom or on whose behalf, the investigating officer has reasonable cause to believe, any electronic system has been used;

v. require any person having charge of, or otherwise concerned with the operation of such electronic system to provide him reasonable technical and other assistance as he may require for the purposes of clauses (a), (b) and (c);

vi. require any person who is in possession of decryption information of under investigation electronic system , device or data to grant him access to such decryption information necessary to decrypt data required for the purpose of investigating any such offence.

Explanation: Decryption information means information or technology that enables a person to readily retransform or unscramble encrypted data from its unreadable and from cipher text to its plain text

b. The police officer may, subject to the proviso, require a service provider to submit subscriber information relating to such services in respect of a person under investigation in that service provider’s possession or control necessary for the investigation of the offence:

Provided the investigating officer shall get prior permission to investigate any service provider from the licensing authority where prior permission of the licensing authority is required under any law to investigate the licensed service provider.

c. Any person who obstructs the lawful exercise of the powers under sub-sections (1) or (2) shall be liable to punishment with imprisonment of either description for a term which may extend to one year, or with fine not exceeding one hundred thousand rupees, or with both.

27. Real-time collection of traffic data

a. The Federal Government may require a licensed service provider, within its existing or required technical capability, to collect or record through the application of technical means or to co-operate and assist any law enforcement or intelligence agency in the collection or recording of traffic data or data, in real-time, associated with specified communications transmitted by means of an electronic system.

b. The Federal Government may also require the service provider to keep confidential the fact of the execution of any power provided for in this section and any information relating to it.

28. Retention of traffic data

a. A service provider shall, within its existing or required technical capability, retain its traffic data minimum for a period of ninety days and provide that data to the investigating agency or the investigating officer when required. The Federal Government may extend the period to retain such date as and when deems appropriate:

b. The service providers shall retain the traffic data under sub section (1) by fulfilling all the requirements of data retention and its originality as provided under sections 5 and 6 of the Electronic Transaction Ordinance 2002 (LI of 2002).

c. Any person who contravenes the provisions of this section shall be punished with imprisonment for a term of six months or with fine or with both.

29. Trans-border access

For the purpose of investigation the Federal Government or the investigation agency may, without the permission of any foreign Government or international agency access publicly available electronic system or data notwithstanding the geographically location of such electronic system or data, or access or receive, through an electronic system, data located in foreign country or territory, if it obtains the lawful and voluntary consent of the person who has the lawful authority to disclose it:

Provided that such access is not prohibited under the law of the foreign Government or the international agency.

Provided further the that investigating agency shall inform in writing to the Ministry of Foreign Affairs of Government of Pakistan I other relevant agencies as the case may be about the investigation conducted under this section.

CHAPTER – V

INTERNATIONAL COOPERATION

30. International co-operation

a. The Federal Government may cooperate with any foreign Government, Interpol or any other international agency with whom it has or establishes reciprocal arrangements for the purposes of investigations or proceedings concerning offences related to electronic system and data, or for the collection of evidence in electronic form of an offence or obtaining expeditious preservation and disclosure of traffic data or data by means of a electronic system or real-time collection of traffic data associated with specified communications or interception of data.

b. The Federal Government may, without prior request, forward to such foreign Government, Interpol or other international agency, any information obtained from its own investigations if it considers that the disclosure of such information might assist the other Government or agency in initiating or carrying out investigations or proceedings concerning any offence.

c. The Federal Government may require the foreign Government, Interpol or other international agency to keep the information provided confidential or use it subject to some conditions.

d. The investigating agency shall, subject to approval of the Federal Government, be responsible for sending and answering requests for mutual assistance, the execution of such requests or their transmission to the authorities competent for their execution.

e. The Federal Government may refuse to accede to any request made by such foreign Government, Interpol or international agency if the request concerns an offence which is likely to prejudice its sovereignty, security, public order or other essential interests.

f. The Federal Government may postpone action on a request if such action would prejudice investigations or proceedings conducted by its investigation agency.

CHAPTER VI

INFORMATION AND COMMUNICATION TECHNOLOGIES TRIBUNAL

31. Information and Communication Technologies Tribunal

a. As soon as possible after the commencement of this Ordinance , the Federal Government shall, by notification in the official Gazette, constitute the Information and Communication Technologies Tribunal whose principal seat shall be at Islamabad.

b. The Tribunal may hold its sittings at such place or places as the Federal Government may decide.

c. The Tribunal shall consist of a chairman and as many members as the Federal Government may determine but not more than seven members.

d. The Chairman may constitute Benches of the Tribunal and unless otherwise directed by him a Bench shall consist of not less than two members. A Bench shall exercise such powers and discharge such functions as may be prescribed. There shall be established at least one

Bench in each province.

e. The Federal Government shall appoint the Chairman and members of the Tribunal.

32. Qualifications for appointment

a. A person shall not be qualified for appointment as Chairman unless he is, or has been, or is qualified for appointment as a judge of the High Court.

b. A person shall not be qualified for appointment as a Member unless he -

i. has for two years served as a District and Sessions Judge; or

ii. has for a period of not less than ten years been an advocate of a High Court; or

iii. has special knowledge of legislation and professional experience of not less than ten years in the field of telecommunication and information technologies.

33. Salary and allowances, and other terms and conditions of services

The salary, allowances, privileges, and the other terms and conditions of service of the Chairman and member of the Tribunal shall be such as the Federal Government may, by notification in official Gazette, determine.

34. Resignation and removal

a. The Chairman or a member of the Tribunal may, by writing under his hand addressed to the Federal Government, resign his office:

Provided that the Chairman or a member shall, unless he is permitted by the Federal Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such resignation or until a person duly appointed as his successor enters upon his office whichever is earlier.

b. The Chairman or a member of the Tribunal shall not be removed from his office before the expiry of term specified in section 33, by the Federal Government except as may be prescribed.

c. The Federal Government may, by rules, regulate the procedure for the investigation of misconduct or physical or mental incapacity of the Chairman and a member of the Tribunal.

35. Saving Tribunal’s proceedings

No act or proceedings of the Tribunal shall be called in question in any manner on the ground merely of any defect in the constitution of the Tribunal.

36. Employees of the Tribunal

a. The Federal Government shall provide the Tribunal with such employees as the Government may deem appropriate in consultation with the Chairman of the Tribunal.

b. The employees of the Tribunal shall perform their duties under general superintendence of the Chairman of the Tribunal.

c. The salaries, allowances and other conditions of service of the employees of the ICT Tribunal shall be such as may be prescribed by the Federal Government.

37. Right to legal representation

The parties in appeal may either appear in person or authorize one or more legal practitioners, and in case of a corporate body any of its officers, to present the case before the Tribunal.

38. Amicus curiae

a. The Tribunal may, if it so requires, be assisted in technical aspects in any case by an amicus curiae having knowledge and experience in information communication technologies, finance and economics.

b. The Federal Government shall maintain a list of amicus curiae having relevant qualifications and experience.

c. The Tribunal in consultation with the Federal Government shall determine the remuneration of the amicus curiae and the Tribunal may decide the party or parties to pay such remuneration, keeping in view the circumstances of each case.

39. Procedure and powers of Tribunal

a. Subject to the provision of this Ordinance and the rules made thereunder, the Tribunal, -

i. may, where it deems necessary, apply the procedures as provided in the Code or, as the case may be, in the Code of Civil Procedure, 1908 (Act V of 1908);

ii. in the exercise of its civil jurisdiction, shall have powers vested in the civil court under the Code of Civil Procedure, 1908;’and

iii. in the exercise of its criminal jurisdiction, shall have the same powers as are vested in the Court of Session under the Code.

40. Appeal to Tribunals

a. Any person aggrieved by any of the following orders may, within fifteen days from the date of such order, prefer an appeal to the Tribunal, namely:-

i. any decision of the Authority; or

ii. any decision of the Electronic Certification Accreditation Council:

iii. Provided that no appeal shall lie to the ICT Tribunal from an order passed by the Authority or the Electronic Certification Accreditation Council with the consent of the parties.

b. Any appeal against a decision of the Authority shall be accompanied by a court fee, -

i. ten thousand rupees where the valuation of the subject matter in issue is not more than five million rupees;

ii. fifty thousand rupees where the valuation of the subject matter in issue is more than five million rupees but not more than then million rupees; and

iii. one hundred thousand rupees where the valuation of the subject matter in is more than ten million rupees.

c. The appeal filed before the Tribunal under sub-section (1) shall be dealt with by it as expeditiously as possible and the Tribunal shall dispose of the appeal finally within ninety days from the date of receipt of the appeal.

41. Powers of Tribunal

The Tribunal while hearing an appeal under section 40 shall have all the powers as are vested in the court of first appeal under the Code in exercise of its civil jurisdiction in respect of appeal against any decision or order of the Authority or the Electronic Certification Accreditation Council.

42. Limitation

The provisions of the Limitation Act, 1908 (IX of 1908), shall, mutatis mutandis , apply to the proceedings of ICT Tribunal.

43. Appeal to High Court

a. Any person aggrieved by -

i. any decision or order of the Tribunal made under section 40 may prefer second appeal to the respective High Court within thirty days from the date of the decision or order of the Tribunal.

Provided that appeal under this clause shall lie only if the High Court grants leave to appeal;

ii. an order of conviction passed by the Tribunal in respect of any offence under this Ordinance may prefer an appeal to the respective High Court within thirty days of the decision or order of the Tribunal.

b. An appeal against an order of the Tribunal under section 40 or an order of sentence exceeding ten years shall be heard by the Division Bench of the High Court.

44. Civil court not to have jurisdiction

No court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Tribunal constituted under this Ordinance is empowered by or under this Ordinance to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Ordinance.

45. Transitory proceedings

a. Until the establishment of the Tribunal all cases, proceedings and appeals, subject matter of which is within the jurisdiction of Tribunal , shall continue to be heard and decided by the competent forum existing under any law for the time being in force.

b. On the constitution of the Tribunal all cases, proceedings and appeals shall stand transferred to and heard and disposed of by the Tribunal.

c. On transfer of cases, proceedings and appeals under sub-section (2), the Tribunal shall proceed from the stage the proceedings had reached immediately prior to the transfer and shall not be bound to recall any witness or again record any evidence that may have been recalled.

CHAPTER – VII

MISCELLANEOUS

46. Ordinance to override other laws. -

The provisions of this Ordinance shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force.

47. Power to amend Schedule. -

The Federal Government many, by notification in the official Gazette, amend the Schedule so as add any entry thereto or modify or omit any entry therein.

48. Powers to make rules. –

a. The Federal Government may , by notification in the official Gazette, make rules for carrying out purposes of the Tribunal.

49. Removal of difficulties. -

If any difficulty arises in giving effect to the provisions of this Ordinance, the Federal Government may, by order published in the official Gazette, make such provisions not inconsistent with the provisions of this Ordinance as may appear to be necessary for removing the difficulty.

THE FIRST SCHEDULE

[See section 3(s)]

1. The Electronic Transactions Ordinance, 2002 ( LI of 2002).

2. The Pakistan Telecommunication (Re-organization) Act,1996 (XVII of 1996).

3. The Telegraph Act, 1885 (XIII of 1885).

4. The Wireless Telegraphy Act, 1933 (XVII of 1933).