Army Act amendments: Senate passes bill, proposes five years in jail for disclosing ‘sensitive information’

ISLAMABAD: The Senate Thursday passed The Pakistan Army (Amendment) Bill, 2023, proposing stringent penalties for unauthorised disclosure of classified data on the national security or army.

The government rushed the four bills through the House, moved by Defence Minister Khawaja Muhammad Asif. The bills originated from the Senate and were moved without being referred to the House standing committees for consideration and report. They were taken up at once and put to vote, facing no real resistance from the PTI-led opposition. The Pakistan Army (Amendment) Bill, 2023 is aimed at strengthening the existing legislation to protect vital information critical to the safety and interests of Pakistan and the armed forces. The bill proposes the addition of Section 26-A to the Pakistan Army Act, which criminalises unauthorised disclosure of information acquired in an official capacity that could be prejudicial to national security or the armed forces. Anyone found guilty under this section faces rigorous imprisonment for up to five years. The bill makes it clear that if someone discloses sensitive information after obtaining prior approval from the army chief or any officer duly empowered by him, such disclosure shall not be considered unauthorised. The proposed amendments specify that cases of unauthorised disclosure shall be dealt with under Section 59 (civil offences) of the Army Act read with the Official Secrets Act 1923, reinforcing the legal framework to prosecute offenders effectively.

The bill introduces Section 26-B, which prohibits any person subject to the Army Act from engaging in political activities for a period of two years after their retirement, release, resignation, discharge, removal, or dismissal from service. Furthermore, individuals who have been involved in sensitive duties are barred from participating in any form of political activity for five years after their exit from service.

Violation of the aforementioned political activity restrictions, upon conviction by the court constituted under the Army Act, could lead to rigorous imprisonment for up to two years. The bill proposes the introduction of Sections 55-A, 55-B, and 55-C to tackle issues related to conflict of interest, electronic crimes aimed at undermining the armed forces, and defamation. Individuals subject to the Army Act in the past five years are prohibited from entering into employment, consultation, or other engagements with entities having a conflict of interest with the activities of the Pakistan Army or its affiliates.

Committing offences under the Prevention of Electronic Crimes Act (PECA), 2016, with malicious intent against the armed forces may result in punishment as prescribed in the PECA law. Additionally, the Act criminalises attempts to ridicule, scandalize, or bring hatred towards the armed forces, subjecting the offenders to imprisonment or fines. The proposed amendments introduce Section 176-AA, granting the COAS the authority to issue instructions for the implementation of the Act and its rules and regulations.

The COAS also has the option to delegate powers and functions to subordinate officers or authorities under Section 176-C. To ensure its effectiveness, Section 176-E establishes that the provisions of the Act shall have precedence over any other inconsistent laws, rules, or regulations in force.

The passing of this bill by the Senate marks a crucial step towards enhancing national security measures and ensuring the protection of classified information. The amended Pakistan Army Act of 1952 provided a robust legal framework to safeguard the interests and security of Pakistan and its armed forces while upholding the principles of transparency and accountability. The bill would now proceed to President Dr Arif Alvi for approval before becoming a law.

Meanwhile, PPP Senator Mian Raza Rabbani staged a walkout from the House in protest against the passage of multiple bills in a day and termed it “blind legislation”. Rabbani said the manner in which the bills were passed was the “darkest day” in the parliamentary history adding that they were very important bills but the members got them only on Thursday.

Though the government’s allies supported the passage of an amendment to Section 230 of the Election Act, 2017, Mian Raza Rabbani and Senator Mushtaq of Jamaat-e-Islami were the two senators who voted against the amendment to Section 230 of the Election Act. “Senator Mushtaq and I opposed an amendment to Section 230 and voted in favor of Nay when it was presented for passage,” said Rabbani while talking to The News.

The House also passed the Cantonment (Amendment) Bill, Defence Housing Authority (Amendment) Bill and Board of Investment (Amendment) Bill. The Defence Housing Authority (DHA) Islamabad (Amendment) Bill 2023 seeks to mend the DHA Islamabad Act, 2013. A proposed amendment to Section 6 of the DHA Act says the authority may “impose, vary, and recover any fee or charges for rendering any services within any scheme in the specified area including registration fee, transfer fee, management fee, development or re-development charges or additional development charges and maintenance fee, dues and charges, etc.”

The bill gives powers to the authority’s Executive Bard and Governing Body to make by-laws and regulations respectively for the smooth functioning of DHA. Through an amendment, the Executive Board of the authority has been given powers to make by-laws for the time being. The proposed law gives powers to the Governing Body of the Authority that it may make regulations, on the recommendations of the Executive Board, for the time being in the specified area.

According to the objects and reasons of the bill, the earlier act provided no clear mechanism for the arrangement of security in the specified area. This ambiguity creates security threats to the allottees of the Authority for which the proposed security mechanism has been inserted in the new law. The Board of Investment (Amendment) Bill, 2023, says the federal government, shall, by a notification, in the official gazette, establish a special investment facilitation council (SIFC) for carrying out the purposes, envisioned under this chapter of the ordinance.

“The SIFC shall consist of a secretary, who shall also serve as the principal accounting officer, and such members, as may be notified by the federal government, from time to time. The President of SIFC shall be the Prime Minister of Pakistan. The President of SIFC may co-opt any person as a member or may require the attendance of any person by special invitation, as deemed appropriate.

“Under the proposed law, the already in place Council headed by the prime minister, with the army chief its part shall facilitate investment and privatization in areas, including, but not limited to, defence, agriculture, infrastructure, development, strategic initiatives, logistics, minerals, information technology, telecommunication and energy (hereinafter referred to as the relevant fields), and shall take all necessary measures in order to establish, facilitate encourage and promote opportunities for investment, as well as, inter alia, business in and for Pakistan.

“The federal government may notify any other area, sector, industry or project as a relevant field through a notification in the official gazette to be processed under this chapter.

“Notwithstanding anything contained in any other law for the time being in force, an investigating agency, anti-graft agency, law enforcement agency, investigation agency or a court, shall not inquire or initiate an investigation in relation to inter alia any commercial transaction arrangement or agreement made under this chapter unless there exists material evidence of mala fide intention, bad faith on part of any person, involved in the said commercial transaction, agreement...,” the bill reads.