Pakistan Army Act, 1952
| Pakistan Army Act, 1952 | |
|---|---|
| Parliament of Pakistan | |
| Enacted by | Parliament of Pakistan |
Pakistan Army Act, 1952 is a controversial act, passed by the Parliament of Pakistan in 1952.[1] It is the primary statute governing the affairs of Pakistan Army.[2][3]
History[edit]
Established in 1952, the Pakistan Army Act regulates the legal code within the military, mainly for prosecuting military personnel and associated civilians.[1] An amendment in 1966, during Ayub Khan's tenure, extended its application to civilians, specifically those charged with inciting mutiny or accused of disseminating classified information and assaulting military infrastructure.[1]
Legal process[edit]
Legal proceedings under this Act occur in the Field General Court Martial, under the Judge Advocate General (JAG) branch's aegis.[1] Both the court's president and the prosecuting counsel are serving military officers.[1] Defendants possess the right to legal representation, with provisions for military officers to fill this role if necessary. Convicted individuals can appeal to an army court within forty days.[1]
If dissatisfaction persists after the army court of appeal's verdict, further appeals to high courts are permissible.[1] Depending on the offence's severity, penalties range from two years of imprisonment to life sentences, with capital punishment also a possible outcome.[1]
Amendments[edit]
The act was amended in 2015 under the Pakistan Army (Amendment) Act, 2015. The bill was approved by National Assembly of Pakistan on 6 January 2015.[4] This amendment allowed the establishment of special military courts to try the civilians suspected of terrorism. The courts established under this amendment had a moratorium of two years thus setting an end date of January 2017. Furthermore, Pakistan Army Act, 1952 (PAA) was added to the First Schedule of the Constitution through Twenty-first Amendment to the Constitution of Pakistan making it exempt from voidance under the premise of being against fundamental rights.[5] The establishment of military courts under this amendment was challenged in the Supreme Court of Pakistan but a full court bench of seventeen judges upheld the amendment by an 11 to 6 decision.[6]
Amendment Bill 2023[edit]
Trials history[edit]
On 10 April 2017, Indian spy Kulbhushan Jadhav was sentenced to death by Field General Court Martial under section 59 of the act.[7]
Under Imran Khan's Prime Ministership from August 2018 to April 2022, more than 20 civilian trials transpired under this Act according to available accounts.[1] Notably, human rights activist Idris Khattak received a 14-year sentence in 2021 for espionage allegations.[1]
See also[edit]
References[edit]
- ^ a b c d e f g h i j Hussain, Abid. "Pakistan's controversial Army Act: What is it, how does it work?". Al Jazeera.
- ^ "Pakistan Army Act", Punjab Judicial Academy, retrieved 3 January 2020
- ^ Jha 2016.
- ^ "21st Constitutional Amendment links religion with terrorism: JUI-F chief | The Express Tribune". 6 January 2015.
- ^ "Are military courts the answer?". www.thenews.com.pk.
- ^ "Supreme Court upholds establishment of military courts". The Express Tribune. 4 August 2015.
- ^ "Indian 'spy' Kulbhushan Jadhav sentenced to death in Pakistan". The Economic Times. April 10, 2017.
Bibliography[edit]
- Wing Commander (Dr) U C Jha (15 August 2016), "Military Legal System", Pakistan Army: Legislator, Judge and Executioner: Legislator, Judge and Executioner, KW Publishers Pvt Ltd, ISBN 978-9-38-628830-1
