Bill prosposing five years in jail for disclosing ‘sensitive information’ passed

ISLAMABAD: The National Assembly passed a bill on Monday to amend the Pakistan Army Act, 1952, which proposes up to five years in jail for those who disclose sensitive information pertaining to the security of the country or the military.

The bill was passed by the Senate last week, and according to today’s agenda of the NA, it was scheduled to be presented by Defence Minister Khawaja Asif in the lower house of Parliament.

The Pakistan Army (Amend­ment) Act, 2023 proposed adding Section 26-A to the act, under which “anyone who discloses or causes to be disclosed any information…shall be […] punished with rigorous imprisonment for a term which may extend to five years”. In case, the disclosure is approved by the army chief, it would not be considered a violation.

The bill also proposed introducing Section 26-B, which forbids any person subject to the army act from engaging in any kind of political activity for two years from the date of their “retirement, release, resignation, discharge, removal or dismissal from the service”.

It further said those who “remained posted, employed, seconded, tasked or otherwise attached on sensitive duties” are forbidden from taking part in “political activity of any kind, during a period of five years from the date of his retirement, release, resignation, discharge, removal or dismissal from the service”.

In case of violation, a court constituted under the army act can punish them with “rigorous imprisonment for a term which may extend to two years”.

Section 55-A forbids any person subject to the army act in the past five years from “directly or indirectly enter[ing] into employment, consultation or other engagement with an entity having a conflict of interest” with the activities of the army or its affiliates. However, the law does not apply to those who seek prior approval from the COAS. A person guilty of the said offence can be imprisoned for up to “two years with fine not exceeding Rs500,000 or with both”, the bill stated.

Section 55-B stated that any person, who is or has been subject to the army act, and commits an offence under the Peca 2016 “with the mala fide intention to undermine, ridicule, or scandalise the armed forces” shall be punished in the manner as prescribed in the Peca law.

Section 55-C stated that a person who is or has been subject to the army act, “intentionally ridicules, scandalises, brings into hatred or otherwise attempts to lower the armed forces of Pakistan or any part will be punished with imprisonment which may extend to two years or fine or with both”.

A clause introduced to Section 176-C proposed that the COAS “may delegate any of his powers and functions conferred by, or delegated under this act, to any officer or authority subordinate to him”.

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