The Senate passed a bill to alter the Pakistan Army Act, 1952, on Thursday, proposing up to five years in prison for anyone who reveals critical information relevant to the country’s or the Pakistan Army’s security.
Defence Minister Khawaja Asif introduced the bill, titled “Pakistan Army (Amendment) Act, 2023.”
The draft proposes to amend the legislation with Section 26-A (unauthorized disclosure), which would allow
“anyone who discloses or causes to be disclosed any information, acquired in official capacity, which is or may be prejudicial to the security and interest of Pakistan or the armed forces of Pakistan, shall be […] punished with rigorous imprisonment for a term which may extend to five years”.
However, if done “after seeking prior approval from the chief of army staff (COAS), or any officer duly empowered by him, in the manner prescribed,” it is not considered a “unauthorised disclosure.”
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It further adds that such a matter shall be handled in accordance with Section 59 (civil offences) of the Army Act, as well as the Official Secrets Act of 1923.
The measure also proposes enacting Section 26-B, which prohibits anyone subject to the Army Act from engaging in any sort of political activity for two years after their “retirement, release, resignation, discharge, removal, or dismissal from the service.”
It also states that those who have “remained posted, employed, seconded, tasked, or otherwise attached on sensitive duties” are prohibited from engaging in “political activity of any kind” for a period of five years following their retirement, release, resignation, discharge, removal, or dismissal from the service.
It specifies that anyone who violates the aforementioned conditions will face “rigorous imprisonment for a term which may extend to two years” if convicted by the Army Act’s court.
Sections 55-A (conflict of interest), 55-B (electronic offences), and 55-C (defamation) are also proposed in the bill.
According to Section 55-C, a person subject to the Army Act “ridicules, scandalises, brings into hatred or otherwise attempts to lower the armed forces of Pakistan or any part thereof in the estimation of others shall […] be punished with imprisonment which may extend to two years or fine or with both.”
Section 176-AA (power to issue instructions) of the bill proposes that the COAS may “from time to time, make and issue instructions for carrying into effect the provisions of this Act and the rules and regulations made thereunder, provided that all such instructions already made and issued shall always be deemed to have been validly made and issued under this act.”
The COAS “may delegate any of his powers and functions conferred by, or delegated under, this act to any officer or authority subordinate to him,” according to a paragraph added to Section 176-C.
Meanwhile, Section 176-E (overriding effect) proposes that the act’s laws “shall have effect notwithstanding anything inconsistent contained in any other law, rules, or regulations for the time being in force,” and that any such inconsistent law shall “cease to have effect to the extent of any inconsistency.”
According to a senior military official, the revisions to the Army Act brought about by these amendments will only apply to serving and retired military people, not civilians.
Jamaat-i-Islami Senator Mushtaq Ahmad stated that legislators received a copy of the legislation today after it was tabled in the Senate.
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“Such legislation should not be enacted in haste and in a haphazard manner,” he stressed. Asserting his patriotism and support for the Pakistan Army, he stated that the Senate will pass the bill unanimously following a discussion, but that “House procedure should not be violated.”
He demanded that the speaker forward Asif’s measure to the appropriate committee. Senate Chairman Sadiq Sanjrani then put the matter to a vote, and it was defeated.
In addition to the Army Act amendment bill, the Senate passed two other bills to change the Cantonment Act of 1924 and the Defence Housing Authority Islamabad Act of 2013.
“Such legislation should not be enacted in haste and in a haphazard manner,” he stressed. Asserting his patriotism and support for the Pakistan Army, he stated that the Senate will pass the bill unanimously following a discussion, but that “House procedure should not be violated.”
He demanded that the speaker forward Asif’s measure to the appropriate committee. Senate Chairman Sadiq Sanjrani then put the matter to a vote, and it was defeated.
In addition to the Army Act amendment bill, the Senate passed two other bills to change the Cantonment Act of 1924 and the Defence Housing Authority Islamabad Act of 2013.
