HRCP, PTI slam Punjab’s Habitual Offenders Act

The Human Rights Commission of Pakistan (HRCP) and the Pakistan Tehreek-e-Insaf on Monday expressed deep concern and criticized the proposed Punjab Control of Habitual Offenders and Anti-Social Behavior Bill, warning that it appeared to grant sweeping powers to the executive without adequate judicial oversight or due process.

The Punjab Assembly on Sunday witnessed a stormy session dominated by sharp criticism of the proposed bill. The matter was overshadowed by Speaker Malik Muhammad Ahmad Khan’s surprising expression of ignorance about the proposed bill. The controversy erupted after opposition MPA Rana Aftab Ahmad Khan claimed that the proposed legislation violated basic human rights and could affect future generations.

The Speaker had expressed serious concern over the procedural handling of the Bill, saying that no Bill could be referred to a committee without the Speaker’s signature and terming the revival of colonial-era legislation unacceptable.

In a statement issued on X today, the HRCP said the proposed legislation could allow authorities to impose intrusive restrictions on individuals, including surveillance, restrictions on freedom of movement, interference with property and restrictions on freedom of speech and expression.

The commission said such measures, which directly affect fundamental rights, must be in line with constitutional principles of legality, necessity and proportionality rather than reflecting archaic and oppressive colonial-era laws.

The HRCP also announced that it planned to hold consultations with multiple stakeholders, including legislators, to build strong opposition to the proposed bill and other similar legislative measures.

PTI Information Secretary Sheikh Waqas Akram also condemned the proposed bill in a post on X.

“PTI strongly condemns the Punjab Government’s Punjab Control of Habitual Offenders and Anti-Social Behavior Act 2026 as an oppressive colonial relic and a grave attack on fundamental rights, due process and democratic governance.”

He noted that the bill was headed for a vote in the provincial legislature.

Akram, detailing PTI’s misgivings about the bill, said the proposed law gives committees unlimited authority to add new categories of anti-social behavior without legislative oversight.

“The bill is a profound affront to constitutional guarantees of due process, presumption of innocence, personal security, freedom of expression and property rights,” the party’s information secretary stressed.

He contested that a justice system already plagued by delays and police overreach allowed punitive administrative sanctions based on unproven allegations, subverting justice and enabling political victimization of opponents, journalists, activists and citizens.

Comparing it to the Criminal Tribes Act of 1871, Akram said the bill revived “colonial instruments” of oppression.

“It intensifies this legacy under the guise of tackling modern challenges.”

Akram rejected the PML-N government’s position that the proposed legislation was aimed at combating hooliganism and online abuse by replacing the outdated 1959 law.

He called on the provincial government to “covertly introduce surveillance and preventive punishment while maintaining the guise of progressive governance”.

Akram said the PTI considered this yet another example of the PML-N’s authoritarian drive in Punjab to stifle dissent and circumvent constitutional protections.

“The party rejects the legislation and calls on the legal fraternity, civil society, human rights defenders, journalists and citizens to oppose its passage. True security requires accountable institutions, fair trials and respect for rights – not recycled colonial tools of oppression.”

He further emphasized that Pakistan had endured “enough” arbitrary power; therefore PTI reaffirmed its commitment to a democratic, constitutional, rights-based order where no citizen faces punishment without due process.

The controversial bill

The bill, which is based on stricter punishments and heavy fines, has been approved by the Punjab Assembly’s Standing Committee on Home Affairs. Once passed by the Punjab Assembly, it will be enforced immediately.

Under the proposed law, severe penalties have been included.

A first conviction can result in imprisonment of between three and five years. Habitual and repeat offenders can face up to seven years in prison and fines of up to Rs2 million.

National identity cards and bank accounts may also be blocked. Law enforcement agencies will be empowered to freeze and block CNICs and bank accounts of anti-social elements.

The police are also allowed to carry out digital surveillance of criminals. Modern electronic surveillance will be allowed, while biometric and digital data on suspects will be collected.

Those displaying weapons on social media, resorting to aerial firing, impersonating government officials or harassing others will also be severely punished under the law.

Supreme Court lawyer Saeed Yousaf Khan, an expert in criminal law, said amendments to the Goonda Act of 1959 were aimed at making the law more effective. He said the legislation would enable strict action against hooliganism, extortion, gang-related crime and the display of weapons anywhere, including on social media.

The police would now be able to monitor criminals digitally. A first offense would carry a sentence of three to five years, while repeat offenders could face seven years in jail, a fine of Rs2 million, blocking of CNICs and freezing of bank accounts.