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Defence Ministry seeks time from SC over amending Army Act 1952

14 November, 2012

ISLAMABAD: The Defence Ministry on Tuesday sought time from the Supreme Court to make opinion in amending the Pakistan Army Act 1952 by removing an apparent inconsistency in the law which bars provision of verdicts of the Field General Court Martial (FGCM) to the accused.

Mujeebur Rehman, representing the ministry appeared before a three-member bench, headed by Chief Justice of Pakistan Iftikhar Chaudhry, and assured the court that he had conveyed the concern of the apex court to the ministry.

He also informed the court that the ministry wanted to go through the court orders for which he had already applied. Only after seeing the order, he said they would form their opinion, adding that he had also asked them to bring the army act in conformity with other rules.

On November 12, the court asked the counsel to convey court's anxiety to the ministry to consider amendment in the Pakistan Army Act 1958 similar to the amendments done in the Pakistan Air Force Act Rules 1957 and the Pakistan Navy Act.

The bench had taken up the petition of Col (r) Muhammad Akram seeking amendment in the army act so that the convicts be provided reasons of the verdict to voice their grievance in appeal. The court adjourned the proceedings for three weeks.

End.

Reader Comments:

Pakistan Army Justice System at a Glance

Fairness and rule of law are gradually winning in Pakistan. Attempts by supporters of
human rights towards achieving supremacy of law i.e civil law ( military law being subservient to it) are laudable. As well, importance of basic human rights is being increasingly realised by the broad civil society and armed forces too are being coaxed by the human rights activists into respecting human rights.
SC has to direct military authorities to amend Army Act of 1952 ensuring due process of
justice to the accused. Denial of due processes invariably occurs in all cases;both involving civilians as well as military personnel. The aim even in the case of uniformed personnel too is to award maximum punishments to them to create examples.
The most important point of grave concern is that findings and sentence are disclosed
only when confirmed by COAS. Article 131 of Pakistan Army Act, however gives
the accused the right to appeal against the findings and the sentence if aggrieved by the harshness, irrationality and inappropriateness of the sentence. In reality this never happens in army. Ask anyone! The accused cannot avail this opportunity before confirmation of the sentence. This contravenes the provisions of Section 131,hence directly violating Article10-A of the Constitution of Pakistan.
Again, most convicts do not get copies of proceedings, hence lack grounds to appeal. Usually the appellate authority is a major general in a garrison, who would never
mitigate, suspend or remit punishment confirmed by the COAS. Hence, the appeal
process, contrary to the claim by JAG representative that suitable appeal system exists, is not suitable at all as appellate authority is not independent as he is subordinate to the confirming authority.
People in custody in military establishments are invariably denied the right to observe religious duties and obligations. Many may not have offered Friday or Eid prayers for years.
Indian armed forces have appellate tribunals comprising retired Lt Ge

Mujahid Ali, Pakistan - 15 November, 2012

Looks like part of the story is missing. Was thewriter nabbed by spies at his desk???

Saad Malik, - 24 November, 2012

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