The Senate on Thursday passed the Pakistan Army (Amendment) Act, 2023 aimed at reinforcing national security and protecting sensitive information related to the Pakistan Army.
The bill, moved by Defence Minister Khawaja Asif, proposes stringent penalties for unauthorized disclosure of classified information.
Under the new amendments, the bill introduces Section 26-A, which stipulated that anyone disclosing or causing the disclosure of official information that may harm Pakistan’s security or the armed forces could face up to five years of rigorous imprisonment.
However, this penalty will not apply if the disclosure has prior approval from the chief of army staff (COAS) or any duly empowered officer.
In addition, the bill introduces Section 26-B, which prohibits individuals subject to the Army Act from engaging in any political activities for two years from the date of their “retirement, release, resignation, discharge, removal or dismissal from the service”.
Moreover, those who have been involved in sensitive duties are barred from political activities for a five-year period following their departure from service. Violation of these conditions could result in a maximum of two years of rigorous imprisonment.
The amendments further include Sections 55-A, 55-B, and 55-C.
Section 55-A prevents military personnel from engaging in any employment, consultation, or engagement with entities having conflicts of interest with the Pakistan Army or its affiliates.
However, prior approval from the COAS exempts individuals from this restriction.
Violation of Section 55-A can lead to imprisonment for up to two years or a fine not exceeding Rs500,000, or both.
Section 55-B addresses offenses under the Prevention of Electronic Crimes Act (Peca), 2016, where individuals who intentionally undermine, ridicule, or scandalize the armed forces of Pakistan will face punishment as per the Peca law.
Similarly, Section 55-C penalizes any person subject to the Army Act who attempts to lower the esteem of the armed forces of Pakistan, with imprisonment up to two years or a fine, or both.
The bill also incorporates Section 176-E, stating that the laws under the amended Act will take precedence over any conflicting provisions in other laws, rules, or regulations currently in force.
It is important to note that these amendments exclusively apply to serving and retired military personnel and do not impact civilians.
During the Senate session, concerns were raised by lawmakers regarding the timing and process of the legislation.
Jamaat-i-Islami Senator Mushtaq Ahmad suggested a thorough discussion and consideration of the bill in the relevant committee. However, the motion to send the proposed bill to the committee was ultimately rejected, and the bill was passed in the Senate.
In a related development, two other bills aimed at amending the Cantonment Act, 1924, and the Defence Housing Authority Islamabad Act, 2013 were also passed by the Senate.
The passage of the bills triggered a walkout by PPP Senator Raza Rabbani, who raised objections over the haste in passing the legislation, referring to it as “blind legislation” due to insufficient prior knowledge of the bill’s contents.
The bill will now proceed to the National Assembly for further consideration and approval before becoming law.
