Senate pushes through Pakistan Army Act Bill 2023

The Senate passed the Pakistan Army Act (Amendment) Bill 2023 on Thursday with a majority, suggesting strict punishment for serving and retired servicemen involved in sharing state information.

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 existing army laws.

The first provision in the bill relating to “Unauthorised Disclosure” stipulates that serving and retired military personnel who divulge sensitive information obtained in an official capacity to unauthorised individuals will be subject to severe punishment under the Army Act with rigorous imprisonment for up to five years.

A person making a disclosure with the permission of the chief of army staff or an authorised officer will not be punished, it adds.

It also states that anyone who discloses information against the interests of the country and the Pakistan Army will be dealt with under the Official Secrets Act and the Army Act.

The second provision deals with the participation of serving and retired servicemen in political activities. Retired military personnel are prohibited from engaging in any political activities until two years after retirement. Additionally, those who have held sensitive appointments during their service cannot partake in any political activism for up to five years.

Any individual found guilty of breaching the clauses barring political engagements would be liable for punishment of up to two years.

The third provision pertains to technical expert officers and soldiers who work in the army under mutual technical agreements. After retirement, they are prohibited from working with relevant organisations for a period of five years, unless they obtain a No Objection Certificate (NOC) from the institution.

The fourth provision addresses electronic crimes. Serving and retired servicemen found intentionally defaming, ridiculing, or undermining the army will face punishment under Pakistan’s electronic crimes laws, including the Pakistan Electronic Crimes Act.

The fifth provision specifies that serving and retired servicemen intentionally spreading hatred against the army or related institutions will be held liable for punishment under the Army Act, including fines and imprisonment for up to two years.

The bill was tabled by Defense Minister Khawaja Asif.

Opposing the bill, PPP Senator Raza Rabbani and Tahir Bizenjo walked out of the session protesting that proposed amendments were not taken into account, and rules and regulations ignored.

Notably, Rabbani has previously also opposed the government’s plan to try the rioters—who vandalised state properties and military installations after former prime minister Imran Khan’s arrest on May 9— under the Pakistan Army Act, 1953

Moreover, bills to further amend the Cantonments Act, 1924 (Cantonments Amendment Bill 2023) as well as the Defense Housing Authority Islamabad Act, 2013 were also passed in the Upper House.