Pakistan’s government has stated that it will investigate Pakistan Tehreek-e-Insaf (PTI) members who damaged military buildings and installations last week under the Army Act and the Official Secrets Act.
Following the arrest of the party’s leader and former Prime Minister Imran Khan, PTI supporters took to the streets across the country last week. His supporters were spotted causing damage to both public and private property, including the residence of a key military officer in Lahore and the gate to the army’s General Headquarters in Rawalpindi.
Following the tragic protests, the government in Islamabad, as well as the provinces of Punjab and Khyber Pakhtunkhwa, called up the army.
Thousands have been arrested, including key PTI leaders, and the government has consistently stated that those implicated in the rioting will face harsh punishment.
Following a meeting of the National Security Committee chaired by Prime Minister Shehbaz Sharif, the decision to prosecute individuals implicated under the Army Act was announced on Tuesday.
What is the Army Act?
The Pakistan Army Act, enacted in 1952, is used to bring charges against military personnel under the military’s own legal system. This law applies to civilians in specific clauses and instances.
The statute was intended to prosecute army members and people who were in some way associated with the military.
Under the leadership of military leader Ayub Khan, an amendment to the legislation was made in 1966, allowing civilians accused of encouraging mutiny among the rank and file by written and verbal material to be tried under the act.
Civilians accused of sharing official state secrets with the enemy, as well as civilians accused of targeting and attacking military sites, may be tried in a military court.
How are trials carried out?
The Field General Court Martial is the court that hears cases brought under the legislation. This military court is overseen by the military’s legal directorate, also known as the Judge Advocate General (JAG) branch.
This court’s president is a serving military officer, and the prosecutor is likewise a military officer.
Those tried in the court are given the right to have lawyers, and in case they cannot afford one, they can appoint military officers to represent them.
If convicted, defendants have 40 days to submit an appeal with an army court of appeals.
If, after appealing to the army court of Appeals, defendants believe they did not get a fair trial or voice disagreement with the process, they can appeal to higher tribunals.
What are the punishments?
Depending on the severity of the offense, the punishments can vary from two years to a life sentence, and even capital punishment.
Who has been tried under the Army Act?
Pakistan has a history of sending cases to military courts.
According to Rahiem, more than 20 people were tried under the law during Khan’s stint as PM, which lasted from August 2018 to April 2022.
One of the convictions was human rights activist Idris Khattak, who was sentenced to 14 years in prison on espionage allegations in 2021. Khattak was found guilty of passing classified material to a “foreign intelligence agency.”
In 2020, the Peshawar High Court overturned approximately 200 people’s convictions and ordered their release if they were not found guilty of any other crime. The suspects were purportedly members of prohibited organizations and were suspected of harming civilians and military personnel.
The convicts were sentenced to either capital punishment or various prison terms.
Also read: Punjab govt demands PTI to handover ‘terrorists hiding in Zaman Park within 24 hours’
