National Command Authority Ordinance promulgated
14 December, 2007
ISLAMABAD: President Pervez Musharraf promulgated the establishment of the National Command Authority Ordinance 2007 on Thursday, which will come into force with immediate effect and shall apply to any person who breaches national security.
According to the Ordinance, “whosoever commits, attempts, abets or continues the breach of national security shall deem to have committed an offence under this Ordinance as shall be liable to punishment of imprisonment of either description for a term, which may extend up to 25-years.”
According to a press release issued by the Ministry of Law, Justice and Human Rights, the president of Pakistan will be the chairman of the Authority while its vice president shall be the prime minister of Pakistan.
While other ex-officio members of the Authority shall be the minister for foreign affairs, minster for defence, minister for interior, chairman joint chief of staff committee, chief of army staff, chief of naval staff, chief of naval staff and director general strategic plans division.
The director general strategic plans division shall act as secretary of the authority. The provision of this Ordinance shall have effect notwithstanding anything to the contrary contained in any law for the time being in force particularly the Civil Servants Act, 1973 (LXXI of 1973) or Pakistan Atomic Energy Commission Ordinance, 1965 (XVII of 1965), or the Pakistan Space and Upper Atmosphere Research Commission Ordinance, 1981 (XX of 1981) or any other law or rules made thereunder for the time being in force and applicable to Strategic Organisations.
Except as provided under this Ordinance, no order made or proceeding taken under this Ordinance, rules or regulations made thereunder by the Competent Authority or any officer or Authority authorized by it shall be called in question in any court or administrative tribunal and no injunction shall be granted by such court or tribunal in respect of any decision made or proceedings taken in pursuance of any power conferred by or under this Ordinance, rules or regulations made thereunder.
The main purpose of promulgation of the Ordinance is to establish authority for complete command and control over research, development, production and use of nuclear and space technologies and other related applications in various fields and to provide for the safety and security of all personnel, facilities, information, installations or organisations and other activities or matters connected therewith.
The National Command Authority shall form such committees and entities as it may deem fit in order to regulate matters relating to the objects and purpose of this Ordinance. It shall also supervise the functions and administration of all the strategic organisations.
All the powers and functions of Authority shall vest in the chairman who may, subject to such limitation as he may specify, delegate all or any of these powers and functions to Director General Strategic Plans Division or such other person as he may deem appropriate. The Strategic Plans Division shall function as the Secretariat of the Authority and shall be headed by the Director General to be appointed by the Chairman.