Image Courtesy Hilal PakistanAmendments to Pakistan’s Army Act and Official Secrets Act Unveiled
After President Arif Alvi’s recent statement that he did not sign the bills amending the Official Secrets Act (Amendment) Bill, 2023, and the Pakistan Army (Amendment) Act, 2023. Let’s get into key changes proposed in these bills, which have gathered widespread criticism from the opposition, ruling benches, national media, and intellectuals around the country.
OFFICIAL SECRETS ACT (AMENDMENT) BILL, 2023
| AMENDMENT SUBJECT | CORE AMENDMENTS |
|---|---|
| – Related to military procurements and capabilities of institutions. | PDM government has expanded the scope of law wherein it |
| – Redefines the military installations | |
| – Incorporates digital and modern communication methods for inquiry. | |
| – Potentially includes vloggers and bloggers over social media under scrutiny. | |
| Definition of “Document” | Broadened to include: |
| – Any electronic, digital, written, unwritten, or any other tangible or intangible instrument can be included in the scope | |
| – Related to military procurements and capabilities of institution. | |
| Definition of “Enemy” | Defines “enemy” as: |
| – Any person working for or engaged with non-state actors, organizations, entities, associations, groups, foreign power, or foreign agent. | |
| – Guilty of a particular act detrimental to the safety and interest of Pakistan. | |
| – Related to military procurements and capabilities of institutions. | |
| Section 6-A: | – Unauthorized Disclosure Offense (New offense introduced) |
| – Unauthorized disclosure of identities of members of intelligence agencies, informants, or sources | |
| – pertain to treating unintentional contact on par with planned espionage attempts. | |
| Prohibited Areas | – Punishment: Imprisonment of up to 3 years in jail and a fine of up to Rs. 1 Crore. |
| Section 3 | – Renamed the clause from “penalties for spying” to “offenses” |
| – Includes photography through drone cameras of prohibited areas henceforth as a crime in Pakistan. | |
| Section 4 | – A visit to the address of a foreign agent within or outside Pakistan as an offense is also included. |
| – Empowers the Federal Investigation Agency (FIA) and intelligence agency officials to investigate suspects for violating the Official Secrets Act | |
| Investigation Procedures | It seems that the Proposed law may be a response to the May 9 violence following the arrest of PTI chief Imran Khan. |
| – gives authority Allows the constitution of a joint investigation team (JIT) consisting of officers from intelligence agencies | |
| – JIT is required to complete an investigation within 30 working days | |
| – Case submitted to a special court through a public prosecutor | |
| Admissibility of Evidence | – An expanded offense to access, attack military installations, offices, camp offices, intrude, approach, or part of a building during peacetime. |
| Context of Official Secret Act | – All material collected during inquiry or investigation, including data, information, documents, electronic devices, or any other relevant material, is admissible |
PAKISTAN ARMY (AMENDMENT) ACT, 2023
| AMENDMENT SUBJECT | CORE AMENDMENTS |
|---|---|
| Punishment for Information Disclosure | – Violation of the instant clause will result in up to 2 years imprisonment. |
| Powers to Army Chief | – Granting more powers to the Chief of Army Staff |
| – Instant clause prohibits the ex-servicemen from engaging in politics or schemes conflicting with the army’s interests. | |
| Defamation of the Army | – For defamation of the army, imprisonment is proposed. |
| Section 26-B | – Prohibits political activities for 2 years after retirement, release, resignation, discharge, removal, or dismissal from service of any ex-servicemen. |
| – this clause also extends the ban to 5 years for those posted on sensitive duties while they were in service. | |
| – In the Instant clause, the Chief of Army Staff has the authority to delegate powers and functions under the Army Act to junior officers or authorities. | |
| Section 55-A | – Further states that offenders shall face up to 2 years imprisonment and a fine not exceeding Rs.500,000/- |
| – In the Instant clause, the Chief of Army Staff has the authority to delegate powers and functions under the Army Act to junior officers or authorities. | |
| Section 55-B | – In Instant clause, the Chief of Army Staff has the authority to delegate powers and functions under the Army Act to junior officers or authorities. |
| Section 176-C | – Laws under this act shall be given preference or it will prevail over inconsistent laws, regulations, or rules in force |
| Section 176-E | – In the Instant clause, the Chief of Army Staff has the authority to delegate powers and functions under the Army Act to junior officers or authorities. |
| Section 175-E | – Instant clause gives Army the permission to engage in activities related to national development and strategic interests with federal or provincial authority’s direction or concurrence. |
Read More about: President Alvi Denies Signing Secret Act Changes
