A bill proposing the establishment of a commission dedicated to the protection and oversight of whistleblowers was presented in the Senate on Friday.
According to the provisions of the bill, any individual, institution, or agency is entitled to submit information to the commission, provided that the whistleblower attests to the accuracy of the submitted information.
All submissions must be made in writing and accompanied by supporting documents and relevant materials. However, the commission will not act upon information provided by a whistleblower who conceals their identity or provides false identification.
Furthermore, any information deemed detrimental to Pakistan’s security, sovereignty, strategic interests, or economic stability will be excluded from consideration.
Specifically, information pertaining to foreign relations, matters prohibited under the Official Secrets Act, incitement to crime, records involving ministers and secretaries, or deliberations of the cabinet and its committees will not be accepted.
Additionally, information restricted by law or court order, or that infringes upon the privileges of parliament or assemblies, will not be entertained by the commission.
The commission will also disregard trade secrets, confidential information entrusted to individuals, foreign confidential communications, and any details that could potentially impede ongoing investigations or legal proceedings against an accused party.
Similarly, information that could endanger someone’s life, breach the confidentiality of law enforcement operations, lacks public interest, or constitutes an intrusion into private life will be dismissed.
The commission will be vested with the authority to summon any individual for examination under oath, review records and evidence, and inspect relevant documents and witnesses.
It may also request access to public records. A designated officer of the commission will have the power to seek full cooperation and acquire necessary documents from government entities, authorities, banks, and financial institutions.
The designated officer is mandated to assess the submitted information within a period of 60 days. If further inquiry or investigation is deemed necessary, and the matter qualifies as a criminal offense, the commission will forward the case to the appropriate authority.
The bill includes provisions ensuring that whistleblowers will not be subjected to any form of retaliation. If a whistleblower experiences harm as a result of their disclosure, they are entitled to file a complaint with the commission, which will subsequently refer the matter to the relevant authority.
In cases where the information provided is verified as accurate, the whistleblower will be rewarded with 20% of the recovered amount, along with a certificate of recognition. In instances involving multiple whistleblowers, the reward will be distributed equally among them.
The provision of false information will be subject to a penalty of up to two years’ imprisonment and a fine of up to Rs200,000, which will be paid to the individual wronged by the false disclosure.
The identity of a whistleblower will be kept strictly confidential. Any person who reveals a whistleblower’s identity will face a fine of Rs500,000 and a potential prison sentence of up to two years.
