Trial of Rioters , Arsonists and Instigators under Army Act 1952 & Official Secret Act

 Pakistan army top brass has decided to trial rioters, arsonist and Instigators  under Pakistan Army Act 1952 and Official Secret Act. 

This was decided in special Corps Commander’s conference held after May 9 and 10 mayhem in which PTI supporters played hovac with life and property of general public alongwith arsoning and  looting of Pakistan Army installations especially Lahore Corps Commander house which was burned to ashes, attacks on GHQ gate and defamation of shuhada monuments that sent shock waves in the rank and file of Pakistan Army and general masses. 

Decision taken at Corps Commander’s conference to trial rioters and arsonist under Pakistan Army Act 1952 and Official Secret Act was also validated and endorsed in the National Security Committee meeting held specifically in the aftermath of 9 & 10 May riots.

Pakistan army and government has decided that who are involved in attacks and arsoning of Army installations will be trialed under Army Act and Official Secret while those are involved in destruction of private properties will trialed under terrorism act.

What is Pakistan Army Act 1952

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Pakistan Army Act 1952 was made a law in 1952 to consolidate and amend laws pertaining to Army.

Army personnel are trialed under Pakistan Army Act 1952 and such offences are mentioned in it. However few clauses of Pakistan Army Act 1952 applied on civillians too.

• A serving Pakistan Army officer of Leiutment Colonel rank is the head or president of the court.
• Accused has right to appeal here. Pakistan Army officer act as lawyer of the accused if he cannot afford to have an advocate. 
• Court proceedings under Pakistan Army Act are called field court martial general.                         

Pakistan Army Act 1952 was amended from both lower and upper houses in 2015 and following offenders could be penalised under this amended law.

• Waging war against Pakistan 
• Criminals involved in kidnapping and ransom attacking military and law enforcement agencies.
• Extending financial support to persons involved in illegal activities.
• Carry arms in the name of religion and sect.
• Being a member of terrorist outfit.
• Attackers on civil and military installations, possessing explosive material or involved in transportation of explosive material.
• Create atmosphere of terror and insecurity 
• Waging terrorist activities from abroad. 

Provisions of Pakistan Army Act Applied on Civillians 

Under clause 2,1d of Pakistan Army Act, if a person cause to incite to revolt, riots against Pakistan Army Command then under such circumstances Army can prosecute him under clause two one D of Army Act. 

If a person do so in a speech,  not abiding by Army command, Army Act will be applied on such persons too.

It is important to note that Pakistan Army personnel have been requisitioned in Punjab and KPK under article 245 of the constitution to maintain the law order situation and in such circumstances Army has been given additional powers for law and order maintenance. 

What is Official Secret Act and Punishments Awarded under this Act

Official Secret Act was made in British era and since then it is working.

Under this act a person who provides secret information to enemy or any other person will be tried under Official Secret Act.

Process of Trial 

In section 2 one D of Official Secret Act a complete process of trial has been described. 

Under which first of all an FIR is registered against the  accused and  produced before a session judge and subsequently trial transferred to military court.

Punishments Awarded to Accused 

Punishments can be awarded to the accused from two years to life imprisonment and even death penalty depending on the severity of the case.

According to military law experts, Army can trial civillians under section 2 one d who attacked the military installations or instigated the perpetrators.

Moreover under section 60 of the Official Secret Act, a person who found involved in instigation against Army either present on the scene or not and even present in foriegn country could be trialed. 

Pressure Mounting against the Trial under Pakistan Army Act and Official Secret Act 

Dinushika Dissanayake Deputy Regional Director for South Asia at  Amnesty International while responding to ISPR press release expressed his alarm to try civillians under military law.

PPP leader and ex Senate Chairman Raza Rabbani also opposed the civillians trial under Military Act in the presence of criminal justice system with special anti terrorism laws and courts.

Legal fraternity also opposed trial under Military Act.

But it is also important to note that such incidents of vandalism and defamation of monuments of shuhadas, attacks on GHQ and burning the Corps Commander’s house to ashes demand trial of rioters and arsonist under Army Act so that in future no any rascal in the garb of political protest could vandalise military installations because even Indian Army and RAW our arch rival could not inflict such a scathing damage in 74 yesrs as done by the PTI workers.