The story so far: On July 27, the Pakistan senate passed a Bill to amend the Pakistan Army Act, 1952.
What are the new amendments?
The Bill has expanded the ambit of the Army Act by inserting clause 1A in Section 8 of the Act. With this change, the Act will include civilians working in entities affiliated with or controlled by the Pakistan Army like the Fauji Foundation, Army Welfare Trust, Fauji Urea, Fauji Cement, etc. The Bill has added two new sections to Section 26 of the Act. Section 26A on ‘unauthorised disclosure’, states that “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, 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.” Section 26B prohibits a person who has been subjected to this Act from participating in any kind of political activity for two years “from the date of his retirement, release, resignation, discharge, removal, or dismissal from the service.”
Another notable amendment is in Section 55. Section 55A bars the subject of this Act from getting into any form of engagement, consultation, or employment, directly or indirectly, with any entity that might have a conflict of interest with the Armed Forces of Pakistan and its affiliate entities, while Section 55B outlines the punishment applicable to individuals who, whether currently or previously subjected to this legislation, undermine, ridicule, or scandalise the Armed Forces.
Why now?
The addition of clause 26A must be seen through the prism of the May 9 incident, wherein the supporters of the Pakistan Tehreek-e-Insaf (PTI), the party of former Pakistan Prime Minister Imran Khan, attacked army installations across the country. The information regarding the installations was leaked from within the Army. Part two of the same Section is being seen as designed explicitly for Lt. Gen. (Retd.) Faiz Hameed, former DG of the Inter-Services Intelligence (ISI). Gen. Faiz has been the biggest supporter of Imran Khan while he was in power and after his ouster from power; he is seen as Mr. Khan’s predominant advisor. Mr. Khan had planned to formally bring Gen. Faiz Hameed into the PTI’s fold to rebuild the party, however, this amendment has dashed his plan. The amendments, in general, have been specifically designed to intimidate the veterans who have been supporting the former Pakistan PM by expressing their views on social media and public platforms.
The changes proposed in the Bill are not just about strengthening the power of the Army Chief and dissuading critics. Through the addition of Section 175C (on welfare and rehabilitation), Section 175D (on welfare through affiliated entities), and Section 176E (on national development), the Pakistan Army has formalised its intervention in the functioning of the country in the name of rehabilitating serving, retired, or wounded personnel and families of martyrs as well as in national development and advancement of strategic interests.
Explained | The calm after the storm for Pakistan?
What are the implications?
The manner in which the Bill was passed has exposed the government’s docile behaviour towards the Army. The Bill was taken up in the morning without adhering to a two-day notice. Only two senators raised concerns about how the Bill was being pushed through the house. The amendments in the Army Act clearly aim to silence criticism of the Pakistan Army, especially from retired personnel, among whom Mr. Khan holds excellent support.
A section of journalists and human rights advocates have expressed concerns as these amendments would jeopardise the rights and liberties of individuals as well as impose restrictions on the dissemination of information. With the implementation of such draconian laws, the authorities would end up with absolute power to target anybody.
Aditya Kumar Singh is is an independent researcher and Rahul Rawat is a PhD scholar at the Jawaharlal Nehru University.
- On July 27, the Pakistan senate passed a Bill to amend the Pakistan Army Act, 1952. The Bill has expanded the ambit of the Army Act by inserting clause 1A in Section 8 of the Act. With this change, the Act will include civilians working in entities affiliated with or controlled by the Pakistan Army like the Fauji Foundation, Army Welfare Trust, Fauji Urea, Fauji Cement, etc.
- The Bill has added two new sections to Section 26 of the Act. Section 26A on ‘unauthorised disclosure’ and Section 26B prohibits a person who has been subjected to this Act from participating in any kind of political activity for two years “from the date of his retirement, release, resignation, discharge, removal, or dismissal from the service.”
- The manner in which the Bill was passed has exposed the government’s docile behaviour towards the Army. The Bill was taken up in the morning without adhering to a two-day notice. Only two senators raised concerns about how the Bill was being pushed through the house.
