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Disclosing sensitive information: NA also passes Army bill proposing 5-year jail

Law minister says insertions, provisions in bill not applicable to civilians

By Our Correspondent
August 01, 2023
An inside view of the Senate hall. — APP/ File
An inside view of the Senate hall. — APP/ File

ISLAMABAD: The National Assembly (NA) on Monday gave its nod to the Pakistan Army (Amendment) Bill, 2023, which, on becoming an Act of the Parliament, would seek up to five-year imprisonment for anyone who discloses sensitive information regarding security of the country or the army.

The bill, which envisages changes in the Pakistan Army Act, 1952, however, would be applicable to serving and retired officers and personnel of Pakistan Army, including inter alia, the power to grant commission, determine terms of conditions of service, carry out welfare activities, national development tasks and for other operational and institutional matters in the light of Supreme Court judgment.

Clarifying misunderstandings on the media regarding new provisions in the bill, Law Minister Senator Azam Nazeer Tarar said the insertions and provisions in the bill would not be applicable to civilians.

The House also passed six other bills including the Cantonments (Amendment) Bill, 2023; The Defence Housing Authority Islamabad (Amendment) Bill, 2023; The Federal Urdu University of Arts, Sciences and Technology, Islamabad (Amendment) Bill, 2023 and the National Commission for Human Development (Amendment) Bill, 2023, the Board of Investment (Amendment) Bill, 2023 and the Pakistan Sovereign Wealth Fund Bill, 2023.

The Pakistan Army (Amendment) Bill, 2023 seeks to amend provisions of the Pakistan Army Act, 1952 so as to provide the structural underpinnings of raising and maintaining security.

The bill, already okayed by the Senate last week, provides that disclosure of information against the interests of the country or army would be dealt with the Official Secrets Act and the Army Act.

PPP Senator Mian Raza Rabbani and Senator Mushtaq Ahmad Khan protested passage of the bill in haste while the former also staged a walkout from the House after it was passed by the upper house of Parliament on July 27.

The Section 26-B of the bill stops any person subject to the Army Act from engaging in any kind of political activities for two years from the date of retirement, release, resignation, discharge, removal or dismissal from service.

However, a person who is or has been subject to this Act and has remained posted, employed, seconded or tasked or otherwise attached on sensitive duties, shall not take part in political activity of any kind during a period of five years from the date of retirement, release, resignation, dismissal or removal from service.

The Section 55-B of the bill says if any person commits any offence under the Prevention of Electronic Crimes Act (Peca), 2016 with the mala fide intention to undermine, ridicule, or scandalise the armed forces of Pakistan shall be punished in the manner prescribed in the Peca Law.

According to Section 55-C, a person subject to the Army Act, who ridicules, scandalises, brings into hatred or otherwise attempts to lower the armed forces of Pakistan or any part thereof in the estimation of others shall be punished with imprisonment which may extend to two years or fine both.

The Pakistan Sovereign Wealth Fund Bill, 2023; The Federal Urdu University of Arts, Sciences and Technology, Islamabad (Amendment) Bill, 2023 and the National Commission for Human Development (Amendment) Bill, 2023 were passed after suspending rules, which seeks to send introduced bills to standing committees concerned.

The Pakistan Sovereign bill will provide for establishment of Pakistan Sovereign Wealth Fund to contribute to sustainable economic development through the management of its funds and assets to achieve their optimal use according to the best international standards, policies and practices to maximize their value future generation.

JUIF parliamentarian Shahida Akhtar Ali, however, opposed suspension of rules to consider the Pakistan Sovereign Wealth Fund Bill, 2023 and two other bills without referring those to the standing committees concerned. “We cannot support legislation in this way when government’s coalition parties are not being taken into confidence,” she said.

The law minister said the bill is must for economic and financial life of the country adding the draft of the proposed legislation was discussed at length in a meeting of the federal cabinet having representation from all the coalition parties. “I was also informed by the finance minister that leaders of other parties were also taken into confidence about the legislation,” he said.

The JUIF parliamentarian Shahida Akhtar Ali, however, opposed suspension of rules to consider the Pakistan Sovereign Wealth Fund Bill, 2023 and two other bills without referring those to the concerned standing committees. “We cannot support legislation in this way when government’s coalition parties are not being taken into confidence,” she said.

The House offered Fateha for the departed souls of various people, including those martyred in a terrorist attack in Bajaur on Sunday. Maulana Muhammad Anwar led the Fateha.

The chair also expressed deep grief and sorrow with the JUIF chief Maulana Fazlur Rehman and JUIF’s parliamentary leader in the National Assembly Maulana Asad Mehmood over the loss of precious lives of their workers in the Bajaur blast.