Senate Approves Amendments to Army Act

The Senate on Thursday approved a bill to amend the Pakistan Army Act, 1952, aimed at barring Army personnel from engaging in any political activity for at least two years from the date of their exit from active service.

Moved by Defense Minister Khawaja Asif, the Pakistan Army (Amendment) Act, 2023 states that persons subject to it would be barred from engaging in political activity for two years from the date of their retirement, release, resignation, discharge, removal or dismissal from service. Similarly, it said, that anyone “employed, seconded, tasked or otherwise attached” to “sensitive” duties under the act—including senior officials—would be barred from political activities for five years after leaving their posts.

“Whoever violates [these conditions] on conviction by the court constituted under this Act, be punished with rigorous imprisonment for a term, which may extend to two years,” read the bill.

Additionally, the amendments seek to impose strict penalties against anyone who discloses sensitive information pertaining to the Army or seeks to malign the armed forces in any way. It has set a maximum punishment of five years’ imprisonment for any person who discloses any sensitive information—obtained in an official capacity—in without prior permission of the Army chief.

“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 offense, and on conviction by the court constituted under this Act, be punished with rigorous imprisonment for a term which may extend to five years,” reads the bill. “Any disclosure made after seeking prior approval from the Chief of the Army Staff, or any officer duly empowered by him, in the manner prescribed, shall not be deemed as unauthorized disclosure,” it adds.

The bill has also sought action against anyone involved in the defamation of the military, calling for them to be punished under the Prevention of Electronic Crimes Act, 2016 or relevant electronic, digital and social media laws. “A personnel who is or has been subject to this Act intentionally ridicules, scandalizes, brings into hatred or otherwise attempts to lower the Armed Forces of Pakistan or any part thereof in the estimation of others shall, on conviction by a court constituted under this Act, in the prescribed manner, be punished with imprisonment which may extend to two years or fine or with both,” it states.

While the bill passed with relative ease, it prompted Pakistan Peoples Party (PPP) Senator Mian Raza Rabbani to stage a token walkout over the approval of multiple bills in a single day without due scrutiny as “blind legislation.” Speaking on the floor of the House, he said the manner in which the bills were passed was akin to a “dark day,” adding these were very important bills but the lawmakers had only received them today, leaving little time to examine them. He was not joined by any other PPP lawmakers.