The Pakistan Army Act (PAA), 1952, and Amendments So Far

In Backgrounder, National Security
November 29, 2022
Rania Yaqub
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The Pakistan Army Act (PAA), 1952, was passed by the Parliament of Pakistan to establish a primary statute to govern the affairs of the Pakistan Army. Since its establishment, the Act has had several amendments made to it. Some of which were deemed controversial, and were declared by many as unconstitutional to an extent. This

The Pakistan Army Act (PAA), 1952, was passed by the Parliament of Pakistan to establish a primary statute to govern the affairs of the Pakistan Army. Since its establishment, the Act has had several amendments made to it. Some of which were deemed controversial, and were declared by many as unconstitutional to an extent. This text will explain the amendments made to the PAA, 1952, and its implications on state practices and policies.

In 2015, The Pakistan Army (Amendment) Act was passed in The National Assembly. The bill was presented after already being passed in the lower house of the Senate, and proposed a legal cover for law enforcement authorities and the armed forces for their arrests.

The law had already been in motion as a result of the Presidential ordinance earlier in February of the same year, but towards the end of the year was passed as a bill in the law.

The bill allowed for law enforcement agencies to conduct in-camera trials, and for the names of the court officials to be concealed. This called for an amendment in the Section 2 of the PAA, and the purpose was stated to be, “for the protection of witnesses, president, members, prosecutors, defending officers, and other persons concerned in court proceedings.” The bill also included providing immunity to military court officials, from other courts of law.

Experts viewed this amendment as a violation of the provision of adequate procedural safeguards. The bill was seemingly controversial, as many also argued that it was unnecessary in the presence of the recently approved Twenty-First Amendment to the Constitution, which amended Article 175 and the First Schedule of the Constitution. The amendment approved the establishment for speedy military trial courts, and had a self contained sunset clause for two years. The military courts were set up as part of the National Action Plan after the 2014 Army Public School (APS) massacre.

Both the Pakistan Army (Amendment) Act in 2015, and the Twenty-First Amendment were aimed against terrorist forces waging war against the country, and was seen essential for matters of national security. Yet, the legal community strongly condemned the concealment of proceedings, and conducting trials behind closed doors.

The Pakistan Army (Amendment) Act of 2017 followed the Act of 2015, and revived its jurisdiction for further two years, but with certain changes to the military courts compared to 2015-16. The Act ensured transparency in the processes of the military courts. Section 2 of the Act further mentioned granting rights to the accused of having their own counsel, or to have a state provided one. Following subsections were also added that specified the acts that were to be punished under this law.

The amendment that followed, was the controversial Pakistan Army (Amendment) Act of 2020. The Act allowed for the President of Pakistan on advice of the Prime MInister to extend the tenure of the Chief of Army Staff (COAS) by three years. The Act bars any court of law to challenge the decision of extension, and also sets the upper age limit of the COAS to be 64 years of age.

The amendment came about the time of retirement for the COAS Qamar Javed Bajwa, which was due on 29 November, 2019. Three months prior to his retirement, on 19 August 2019, Prime Minister Imran Khan announced the extension of the COAS’s tenure. This announcement was soon challenged by a petitioner, when a petition was filed in the Supreme Court of Pakistan (SCP), claiming that the laws and the procedures outlined in the Constitution of Pakistan were disregarded by the Government in this decision, and requested the court to look into the matter.

A day before Bajwa’s expected retirement, on 28 November 2019, a three-member bench of SCP led by then Chief Justice of Pakistan, Asif Saeed Khosa, along with justices Syed Mansoor Ali Shah and Mazhar Alam Miankhel, issued a short order that extended Bajwa’s tenure for 6 months, while nullifying the Government’s extension decision. For the first time in Pakistan’s history, a court had questioned the extension of a COAS.

The Government of Pakistan filed a review petition on 26 December 2019, against the SCP verdict, and requested for a larger bench to review it. The federal government also sought a stay order from the SCP against the 28 November 2019, decision. In the plea, the government had asked for the court to “to accept the application and suspend/stay the operation of the impugned judgement dated November 28, 2019, in the interest of justice”. This marked the second petition by the government that was filed in this case.

On 2 January 2020, the government proposed amendments to the PAA, which in a surprising turn of political events, was agreed upon by a consensus with the opposition parties. The bill which was presented by the Defence Minister, was approved by the Senate by a majority.

Clause 8B of Pakistan Army (Amendment) Bill, 2020, states that “The President, on the advice of the Prime Minister, may reappoint the Chief of the Army Staff for additional tenure of three (03) years, or extend the tenure(s) of the Chief of the Army Staff up to three (3) years, on such terms and conditions, as may be determined by the President on the advice of the Prime Minister, in the national security interest or exigencies, from time to time.”

For further extensions to not be challenged in the court of law, the Act states in Section 8B(2) says: “Notwithstanding anything contained in this act or any other law, or any order or judgement of any court, the appointment, reappointment or extension of the chairman, JCOSC, or the exercise of discretion by the appointing authority in this regard, shall not be called into question before any court on any ground whatsoever.”

The amendment now allowed for the extensions, reappointments, and appointments of the COAS to fall under the prerogative of the Prime Minister following a nod of approval from the President, and this can not be challenged in any court of law. Sources from within the government claim that the government had prepared to present the bill for approval in the Parliament, in case SCP decided to not give them relief on the high profile case.

The COAS Qamar Javed Bajwa is set to retire after his six year tenure, on 29 November 2022. According to a report by Dawn, sources were claiming that amendments were to be brought once again to the PAA, regarding the current appointment on the COAS. It was rumoured that a provision might be established to allow for the transition of a contender for the post, who was to retire a few days before the position of the COAS was to be vacated. This would allow the removal of any complexities in order to make the appointment.

These claims were tabled today when in the absence of any new amendment to the PAA, Prime Minister Shehbaz Sharif announced his pick for the post of the COAS, Lt Gen Asim Munir. Pending the President’s approval, this appointment for the military’s top office has come after weeks of speculation, in light of the heightened political discourse attached to the office.