What are the amendments to the Pakistan Army Act?

24 Aug 2023 5 mins Download PDF

What are the amendments to the Pakistan Army Act?

Why in the News?

Recently, an amendment was passed in Pakistan senate to amend the Pakistan Army Act, 1952.

The new amendments proposed in the Bill:

1. A new clause 1A in Section 8 of the Pakistan Army Act, 1952 has been added to expanded the ambit of the Army Act. Upon this addition, civilians working in entities affiliated with or controlled by the Pakistan Army will be covered under the ambit of the act.
2.  Two new sections to Section 26 of the Act have been added:
   1. Section 26A on ‘unauthorised disclosure’: “if any person who is or has been subject to this act, discloses or causes to be disclosed any information, acquired in an official capacity shall be punished with rigorous imprisonment for a term which may extend to five years.”
   2. Section 26B: any person subject to this act, from the date of his retirement, release, resignation, discharge, removal, or dismissal from the service, cannot participate in any kind of political activity for two years.
3. Amendment of Section 55:
   1. Section 55A : Any person subject to the act shall not get into any form of engagement, consultation, or employment, directly or indirectly, with any entity that the Armed Forces of Pakistan and its affiliate entities are in conflict of interest.
   2. Section 55B: individuals will be liable to punishment if they have currently or previously subjected to this legislation, undermine, ridicule, or scandalise the Armed Forces.

Why was such a move initiated now?

1. The addition of Section 26A on ‘unauthorised disclosure’ was brought mainly to intimidate the veterans who have been supporting the former Pakistan PM.
   1. The May 9 incident in which supporters of the Pakistan Tehreek-e-Insaf (PTI), the party of former Pakistan Prime Minister Imran Khan attacked army installations across the country, which led to leakage of information regarding installations.
   2. Lt. Gen. (Retd.) Faiz Hameed, former DG of the Inter-Services Intelligence (ISI) have been the biggest supporter of Imran Khan, who had plans to bring in the former to PTI to rebuild the party.
2. It aims to strengthen the power of the Army Chief while dissuading critics. 
3. Pakistan Army has formalised its intervention in the functioning of the country through additions in the act like,
   1. Section 175C (on welfare and rehabilitation)
   2. Section 175D (on welfare through affiliated entities)
   3. Section 176E (on national development)

Implications of the Bill:

1. These amendments would jeopardise the rights and liberties of individuals.
2. It imposes restrictions on the dissemination of information.
3.  The implementation of these draconian laws would garner the authorities to end up with absolute power to target anybody.
4. Democracy will be servile in the country with the acts intending to silence criticism of the Pakistan Army.
5. The ‘Deep-State’ crisis of Pakistan with expand giving an unwavering attempt for proxy-rule of the elected government.