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| Source: PresOfPakistan/Twitter |
ISLAMABAD – Army
Act Amendment Passed with President's Consent
The Pakistan Army Act,
a legislation primarily designed to prosecute military personnel based on the
military's own legal framework, has taken a significant turn. After securing
approvals in both the National Assembly (NA) and the Senate, the bill has
received President Alvi's assent. The noteworthy aspect of this development is
that the scope of the law now extends beyond military personnel and encompasses
civilians as well.
Extending Authority
and Controversy
Initially introduced
to address actions against Pakistan Tehreek-e-Insaf (PTI) leaders and their
supporters who were implicated in attacks on civil and military installations,
the bill has garnered considerable attention for its implications. With the
President's approval, the Official Secrets (Amendment) Bill, 2023, and Pakistan
Army Act (Amendment) Bill, 2023 have now come into effect. These amendments
have granted extensive powers to intelligence agencies, empowering them to
conduct raids and detain individuals.
A Political
Undertone
In recent
developments, Imran Khan, the former Prime Minister and Chairman of PTI, has
come under scrutiny as he faces allegations under the Official Secrets Act in
connection with the cipher case. The amendments to the secrets act have sparked
debates and controversies, particularly within opposing political parties.
Prominent figures, including PPP leader Raza Rabbani, have expressed their
opposition to the legislation, citing concerns about the expansive powers it
grants.
Amplified Powers
and Restrictions
The amendment bill
proposes stringent penalties, including imprisonment for up to two years and
fines, for individuals found guilty of defaming the military. Notably, those
employing electronic platforms for such purposes are also targeted under
electronic crime laws. The amendment specifies that anyone who divulges
information that could jeopardize Pakistan's security or the Armed Forces could
be imprisoned for up to five years.
However, a provision
safeguards individuals disclosing information with prior authorization from the
Army Chief or authorized officers. This provision prevents authorized disclosures
from being categorized as unauthorized.
Political
Engagement and Consequences
Further, the amendment
seeks to limit the political involvement of those subject to the act.
Individuals associated with "sensitive" duties under the act are
barred from participating in political activities for five years after their
service. Violation of this condition may result in imprisonment for up to two
years.
Combating
Defamation through Legal Measures
In addition to the
Army Act Amendment, the legislation intends to take action against those
tarnishing the reputation of the military. Offenders will face consequences
under the Prevention of Electronic Crimes Act, 2016, and relevant digital and
social media laws. Deliberate attempts to ridicule, scandalize, or disparage
the Armed Forces could lead to imprisonment for up to two years or fines, as
determined by a court established under the act.
Conclusion
The amendment to the
Pakistan Army Act introduces a complex web of powers, restrictions, and
consequences. Its broader application to both military personnel and civilians,
along with the enhanced authority granted to intelligence agencies, sparks
significant discussions about the balance between security concerns and civil
liberties. As these amendments come into effect, the implications on freedom of
speech, political engagement, and national security will be closely observed
and debated by various stakeholders.
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