Bill tabled in Senate for establishment of whistleblower protection, oversight commission

• False information is punishable with jail and fine.
• The commission can summon and inspect evidence.
• Identity breach punishable with severe penalties.

ISLAMABAD: A bill proposing the establishment of a commission for the protection and oversight of whistleblowers was presented in the Senate on Friday.

According to the bill, any individual, institution, or agency may submit information to the commission, provided the whistleblower declares the information to be accurate.

The submission must be in writing and supported with documents and relevant material. However, if a whistleblower conceals their identity or provides a false identity, the commission will not take action based on the information provided.

Furthermore, any information deemed to be against Pakistan’s security, sovereignty, strategic interests, or economic stability will be excluded.

Information related to foreign relations, matters prohibited under the Official Secrets Act, incitement to crime, records involving ministers and secretaries, or matters of the cabinet and its committees will not be accepted.

Additionally, information restricted by law or court, or that infringes upon the privileges of parliament or assemblies, will not be entertained.

The commission will also disregard trade secrets, entrusted information, foreign confidential communications, and any details that may hinder ongoing investigations or legal proceedings against an accused. 

Information that could endanger someone's life, breach law enforcement confidentiality, lack public interest, or intrude upon private life will similarly be dismissed.

The commission will have the authority to summon any individual for examination under oath, review records and evidence, and inspect 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 documents from governments, authorities, banks, and financial institutions.

The officer must assess the submitted information within 60 days. If further inquiry or investigation is required, and the matter qualifies as a criminal offence, the commission will forward the case to the relevant authority.

The bill ensures that whistleblowers will not be subjected to retaliation. If a whistleblower suffers harm, they may file a complaint with the commission, which will then refer it to the concerned authority.

In cases where the information provided is found to be accurate, the whistleblower will be rewarded with 20% of the recovered amount along with a certificate of recognition. If multiple whistleblowers are involved, the reward will be equally distributed.

Providing false information will lead to a penalty of up to two years’ imprisonment and a fine of up to Rs200,000, which will be paid to the person wronged by the false information.

A whistleblower’s identity will be kept confidential. Any person revealing their identity will face a fine of Rs500,000 and up to two years in prison.