Pakistan Army Act, 1952

Law governing the Pakistani armed force

Pakistan Army Act, 1952

Parliament of Pakistan
Enacted by| Parliament of Pakistan

Pakistan Army Act, 1952 is an act, passed by the Parliament of Pakistan in 1952.[1] It is the primary statute governing the affairs of Pakistan Army.[2][3]

## History

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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

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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

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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

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Main article: Pakistan Army Amendment Bill 2023

## Trials history

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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

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* Pakistan Army Amendment Bill 2023
* Pakistan Air Force Act, 1953
* Pakistan Navy Ordinance, 1961

## References

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1. ^ 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.
2. ^ "Pakistan Army Act", Punjab Judicial Academy, retrieved 3 January 2020
3. ^ Jha 2016.
4. ^ "21st Constitutional Amendment links religion with terrorism: JUI-F chief | The Express Tribune". 6 January 2015.
5. ^ "Are military courts the answer?". www.thenews.com.pk.
6. ^ "Supreme Court upholds establishment of military courts". The Express Tribune. 4 August 2015.
7. ^ "Indian 'spy' Kulbhushan Jadhav sentenced to death in Pakistan". The Economic Times. April 10, 2017.

## Bibliography

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* 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

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Pakistan Army

Leadership|

* Commander-in-Chief
* President of Pakistan
* Chief Executive
* Prime Minister of Pakistan
* Parliament
* Senate Committee on Defence
* National Assembly Committee on Defence
* Cabinet Committee on National Security

| Ministries|

* Defence
* Secretary
* Defence Production

|

General Headquarters|

* Chairman Joint Chiefs of Staff Committee
* Chief of Army Staff
* Chief of General Staff
* Surgeon-General
* Master-General of Ordnance
* Adjutant-General
* Engineer-in-Chief
* Surveyor-General
* Accountant-General
* Judge Advocate General
* Comptroller-General
* Quartermaster-General
* Serving Generals

Combat commands|

| Field corps|

* I Corps
* II Corps
* IV Corps
* V Corps
* X Corps
* XI Corps
* XII Corps
* XXX Corps
* XXXI Corps

|

Corps-level formations|

* Air Defence
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* Southern
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Special Forces|

* Army Special Services Group (SSG)
* Light Commando Battalion (LCB)
* Special Security Division (SSD)

Reserves|

* Pakistan Army Reserve
* North
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Administrative arms|

| Infantry regiments|

* Azad Kashmir
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* Northern Light Infantry
* Punjab
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|

Administrative corps|

* Armoured
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Paramilitary|

* Civil Armed Forces
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Affiliated
organisations|

* Army Welfare Trust
* CSD Pakistan
* Frontier Works Organization
* National Logistics Cell
* Special Communications Organization

| Defence Housing Authority|

* DHA Karachi
* DHA Islamabad
* DHA Lahore

|

Fauji Foundation|

* Fauji Foods
* Askari Bank
* Fauji Fertilizer Company
* Mari Petroleum

Sports|

* Army Basketball
* Army F.C.

Education
and
Training|

| Service training|

* Pakistan Military Academy
* Parachute Training School

|

Foundation University Islamabad|

* Foundation University Medical College

National Defence University|

* Command and Staff College

National University of
Medical Sciences|

* Army Medical College
* Armed Forces Post Graduate Medical Institute
* CMH Lahore Medical And Dental College
* Wah Medical College

National University of
Sciences and Technology|

* College of Electrical & Mechanical Engineering
* Military College of Engineering
* Military College of Signals
* Pakistan Navy Engineering College
* College of Aeronautical Engineering

Other universities|

* DHA Suffa University
* HITEC University
* Lahore Garrison University
* National University of Modern Languages
* National University of Technology
* Northern University
* University of Wah
* Army Public College of Management Sciences

Preparatory colleges|

* Army Burn Hall College
* Army Public Schools and Colleges
* Cadet Colleges
* Military College Jhelum
* Military College Murree
* Military College Sui

Literature and culture|

| Books|

* A Case of Exploding Mangoes
* Crossed Swords
* The Battle for Pakistan
* Military Inc.

|

Dramatization|

* Alpha Bravo Charlie
* Burning Valley
* Private Maqbool Hussain
* Ehd-e-Wafa
* Team Muhafiz
* Sinf-e-Aahan

Films|

* The Glorious Resolve
* Waar
* Waar-II
* Independence
* Delta Echo Foxtrot
* Wilco

Related|

* Army Museum
* Army Institute of Military History
* Equipment
* Awards and decorations
* Women in the Pakistan Armed Forces
* Criticism of the Pakistan Armed Forces
* Defence Industry
* Cantonments
* The Establishment (Pakistan)

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