IRB – Immigration and Refugee Board of Canada
The following information was provided by a Pakistani lawyer practising in Rawalpindi:
When the warrant of arrest states that a person is charged with offense of 13/20/65, it means that he has been charged with an offense under section 13 of the ordinance 20 of 1965, i.e. The West Pakistan Arms Ordinance, (Ordinance XX of 1965). Section 13 is a penal section, which provides penalty for breach of various provisions of the Arms Ordinance.
Section 13 is reproduced below.
Penalty for breach of sections 4.5.8 to 11. - Subject to the provisions of sections 13-A whoever commits any of the following offences, namely: -
sells, or keeps, offers or exposes for sale, any arms, ammunition or military store, or undertakes the repairs of any arms in contravention of the provisions of section 4;
fails to give notice of the sale of arms and ammunition and of the purchasers name and address as required by section 4;
(c)transports any arms, ammunition or military stores in contravention of a regulation or prohibition issued under section 5;
(d)goes armed in contravention of the provisions of section 8;
(e)has in his possession or under his control any arms, ammunition or military stores in contravention of the provisions of section 9;
(f)fails to deposit arms, ammunition or military stores as required by section 10;
(g)intentionally makes any false entry in record or account which by a rule made under clause (d) of section 11 he is required to keep;
(h)intentionally fails to exhibit anything which by a rule made under clause (f) or section 11 he is required to exhibit; or
(i)keeps carries or displays any arms in contravention of an order issued under section 11-B 3.
Shall be punished with imprisonment for a term which may extend to [seven] years, or with fine, or with both:
"Provided that the punishment for an offence committed in respect of any-
Cannon, grenade, bomb or rocket; or
Light or heavy automatic weapon, rifle of .303 bore or over, musket of .410 bore or over or pistol or revolver of .441 bore or over, or ammunition which can be fired from such weapon, rifle, musket, pistol or revolver,
Shall be punished with imprisonment for a term which shall not be less than 3 years.
Provided that the punishment for an offense committed in respect of any rifle of .303 bore or over, musket of .410 bore or over, or revolver of .441 bore or over or ammunition which can be fired from such revolver, pistol or musket, shall be punishment for a term which shall not be less than three years.
Similarly when the offense is stated to be 4/4/79, it means that the accused has been charged with an offence under Article 4 of order 4 of 1979; Commonly known as The Prohibition Order. The Ordinance governs the Manufacturing, possession, transportation and sale etc of the drugs and intoxicants. The relevant section is reproduced hereunder.
Owing or Possessing Intoxicant Whoever owns, possesses or keeps in his custody any intoxicant shall be punished with imprisonment of either description for a term, which may extend to two years, or with whipping not exceeding thirty stripes, and shall also be liable to fine. Provided that nothing contained in this Article shall apply to a non-Muslim foreigner or to a non-Muslim citizen of Pakistan who keeps in his custody at or about time of ceremony prescribed by his religion a reasonable quantity of intoxicating liquor for the purpose of using it as a part of such ceremony.
Provided further that, if intoxicant in respect of which the offence is committed is heroin, raw opium or coca leaf, and the quantity exceeds ten grams in the case of heroin leaf, the offender shall be punishable with imprisonment for life or with imprisonment which is not less than two years and with whipping not exceeding thirty stripes, and shall also be liable to fine. (6 June 2000)
This information was corroborated on 13 June 2000 by another Pakistani lawyer, who practises in Karachi - with the except of section (i) of the first law mentioned, and the third paragraph of the second law mentioned (relating to "heroin, raw opium or coca leaf"), which he did not mention in his communication with the Research Directorate.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
13 June 2000. Pakistani lawyer, Karachi.
6 June 2000. Pakistani lawyer,