Fact-check: Army (Amendment) Bill 2023 will only apply to serving and retired military officers

Pakistan’s upper house, the Senate, has passed the Pakistan Army (Amendment) Bill 2023, which aims to criminalise sharing of sensitive information, ridiculing the armed forces and taking part in political activities post-retirement, amongst other changes.

Soon after the bill went public, social media users debated if the bill applied to civilians or only uniformed officials.

In reality, the Pakistan Army (Amendment) Bill 2023, which proposes to tweak the Pakistan Army Act 1952, is only applicable to serving and retired military officials.

Claim

“Army Act Amendment bill is extortion of civilian's rights,” wrote a Twitter user, “Shehbaz Sharif is very compromising when it comes to giving away civilian rights. Every Pakistani can criticise the Army when they are doing something wrong, and it's their right.”

“Two years imprisonment and fine for defaming the army or spreading hatred against it,” wrote another social media user.

Fact

Each new amendment in the Bill 2023 clearly states that it would apply to “any person who is or has been subject to this Act”.

A “person subject to the Act” has been defined in the original law, the Pakistan Army Act 1952, as the following:

• Officers, soldiers and others of the Pakistan Army
• Persons subject to the Pakistan Navy Ordinance 1961 or the Pakistan Air Force Act 1953, when seconded for service with the Pakistan Army.
• Persons not otherwise subject to this Act who are on active service in camp, on the march, or at the frontier post are employed or accompany any portion of the Pakistan Army.

Section 2(d) of the Pakistan Army Act 1952 does mention civilians but states that they will only be subject to the Act if they commit specific crimes. Otherwise, civilians remain outside the ambit of the Pakistan Army Act 1952 altogether.

No alterations or changes have been made to the above definitions in the new Bill.

Advocate Colonel(r) Inam ur Raheem also confirmed to Geo Fact Check that the recent amendments have made the law more stringent for people in the armed forces and those related to it.

“These new amendment are not that much applicable on civilians, they are primarily for serving and retired army officers,” Raheem explained over the phone, “For example, earlier six months after retirement an army officer did not come under the Army Act, now alterations have been made that whoever was once subject to the Act can still be tried under it even after let's say 20 years.” 

What are the amendments?

The most notable inclusions in the Amendment Bill 2023 state that if any person subject to the Act discloses information in an official capacity, which may be prejudicial to the security or interest of Pakistan or the armed forces, he/she can face imprisonment of up to five years.

Furthermore, any person subject to the Act shall not engage in political activity for two years from the date of retirement, resignation etc. And if that armed officer has been employed or posted on sensitive duty, he/she shall refrain from politics for five years after leaving service or retirement.

In addition, a person subject to the Act may also not undermine or ridicule the armed forces on electronic media or otherwise. Any violations could lead to two years jail term.

Update: Advocate Colonel(r) Inam ur Raheem’s comments were added to the piece on July 31, after the publication of the piece.

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