The upper house of parliament on Thursday gave its seal of approval to the Pakistan Army Act (Amendment) Bill 2023.
The bill, moved by Defence Minister Khawaja Asif and passed by the Senate with a majority vote, incorporates various sections and enhance the scope of the Pakistan Army Act, 1952.
Under the newly-inserted Section 175-E (national development), it has been proposed that the “Pakistan Army may, upon direction or with the concurrence of relevant authorities of the appropriate government in the prescribed manner, directly or indirectly, carry out activities related to, inter alia, national development and advancement of national or strategic interest”.
The proposed section states that “all such activities already undertaken shall be deemed to be and always to have been validly done under this act”, retrospectively giving legal cover to the past activities.
However, the proposed amendments do not explicitly define terms like “national development” and “advancement of national or strategic interest”.
Under the proposed Section 175-D (welfare through affiliated entities), it has been stated that the Pakistan Army may, in a manner as may be prescribed through its “affiliated entities”, carry out activities that relate to or “generate proceeds” for, inter alia, welfare and rehabilitation of serving and retired personnel of the Pakistan Army, wounded personnel, as well as families of martyrs.
The section, too, gives legal cover to the past activities by stating that all such activities already undertaken shall always be deemed to have been validly done under this act. Proposed section 175-C also deals with the welfare and rehabilitation of “affiliated entities”.
A new clause in Section 8(1A) of the bill defines affiliated entities. “‘Affiliate entities’ mean entities affiliated with or controlled by the Pakistan Army, including but not limited to statutory bodies, trusts, foundations, organizations and other entities as approved by the Federal Government”.
In the same section, a new clause 4-A (convening authority) has been inserted, which refers to an officer who is empowered to convene “court martial” under the act.
Proposed amendment in Section 18 (retirement, resignation, release or discharge) gives powers to the competent authority to “accept or reject resignation” of a person subject to the act. The original wording of the section was limited to “retire, release or discharge from the service” only.
In addition, proposed Section 18 states that the federal government may “retain” compulsory in service up to 60 years of age of any person with the recommendation of chief of army staff (COAS) owing to exigencies, extraordinary circumstances or if war is imminent or existing.
Through the insertion of Section 26-A(1) (unauthorised disclosure), the ministry has proposed that “If any person, who is or has been subject to this act, 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 guilty of an offence, and on conviction by the court constituted under this act, be punished with rigorous imprisonment for a term which may extend to five years.”
However, 26-A (2) adds that any disclosure made after seeking prior approval from the COAS or any officer duly empowered by him, shall not be deemed as unauthorized disclosure.
26-A (3) further adds that the information disclosed in contravention of sub-section (1), if prejudicial to the security and interest of Pakistan or the Armed Forces of Pakistan, shall be dealt with under section 59 of this Act read with the Official Secrets Act, 1923.
Proposed Section 26-B (political activity) states that any person, who is or has been subject to this act, shall not engage in political activity of any kind within a period of two years from the date of his retirement, release, resignation, discharge, removal or dismissal from the service.
Section 26-B (2) adds that a person, who is or has been subject to this act and has remained posted, employed, seconded, tasked or otherwise attached on “sensitive duties”, as prescribed under this act, shall not take part in political activity of any kind, during a period of five years from the date of his retirement, release, resignation, discharge, removal or dismissal from the service.
Proposed Section 55-A (conflict of interest) says any personnel subject to the act during the preceding five years shall not directly or indirectly enter into employment, consultation or other engagement with an entity having conflict of interest with any of the activities of the armed forces or its affiliated entities.
Anyone found guilty of doing so can face imprisonment of up to two years and fine not exceeding Rs500,000. Similarly, Section 55-B (electronic crimes) states that any personnel who commits an offense under the Prevention of Electronic Crimes Act (PECA), 2016 or relevant electronic, digital, social media laws, with the malafide intention to undermine, ridicule or scandalize the armed forces , may be proceeded under the act and shall, on conviction be punished with punishments given in PECA 2016.
Under 55-C (defamation), a personnel who intentionally ridicules, scandalizes, brings into hatred or otherwise attempts to lower the armed forces or any part thereof in the estimation of others can face two years’ imprisonment.
Through a proposed amendment in Section 176(2) (power to make rules), the word “retention” has been inserted along with the words “release”, “discharge”, “removal or dismissal” from the service of persons subject to the act.
This suggests that the federal government can now retain anyone if such a need arises.
In the Army Act, 1952, Section 176 (L) deals with deductions on account of public and regimental debts from the pay and allowances of persons subject to this act.
A newly inserted clause (Lb) in Section 176 states: “the activities connected with or resulting in public utility, national development, disaster relief, advancement of national or strategic interests”.
Newly proposed Section 176AA (power to issue instructions) states 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 regulation made thereunder.
Retrospective effect has been applied to this as well. Under the proposed section 176-C, the COAS can delegate any of his powers and functions conferred by or delegated under, this act to any officer or authority subordinate to him.
Section 176-D (validation) has been proposed to be substituted with: “on commencement of the Pakistan Army (Amendment) Act, 2023 … and notwithstanding anything contained in any other law for the time being in force, all rules, regulations, instructions, and orders issued and actions taken in purported exercise thereof, from time to time, shall always be deemed to have been validly issued, made, taken or done under this act shall not be called in question on any ground whatsoever”.
The proposed amendments in the bill, applicable only to serving and retired servicemen and have no bearing on civilians, aim to enhance the effectiveness of the existing army laws.
Through the amendments, certain penal provisions have been included to make the existing army laws more effective.
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