The National Assembly earlier yesterday okayed amendments to the Pakistan Army Act, 1952 amid loud protests from the opposition parties.
The amendments ensure that no legal action will be taken against personnel of the armed forces that make arrests in ‘good faith’.
The amendment in Section 2 says that a person will be subject to the Act provided that there shall be no suit, prosecution or other legal proceedings against any person in respect of any arrest which is in ‘good faith’ alone intended to be done under sub section iii and iv (these sub sections relate to persons claiming or to be members of terrorist group etc.) of the Section 2.
It means that a person could be tried under the Pakistan Army (Amendment) Act, 2015 if in ‘good faith’ it is found that he could be subject to the Act. The main objection raised by the opposition members was that any person could be nabbed in good faith. They wanted the government to define ‘good faith’.
The amendments already passed by the Senate were opposed by the opposition parties, including the Pakistan People’s Party (PPP), Pakistan Tehreek-e-Insaf (PTI) and Jamaat-e-Islami (JI). The parliamentarians belonging to these parties wanted clarifications on some points contained in the amendments.
The opposition members, including Dr Arif Alvi, Dr Shireen Mazari, Dr Nafeesa Shah and Sahibzada Tariqullah, said the amendments made in the Pakistan Army Act were against fundamental rights.
Dr Nafeesa demanded that the government should hold this Act for some time to look into its implication saying that other laws which were against fundamental rights should also be reviewed.
Dr Arif Alvi and Dr Shireen Mazari asked the government to give reasons for making amendments in the Army Act. They also wanted to know as to how many persons would be affected by the law which the government wanted to amend.
Parliamentary Secretary to Defence Chaudhry Jaafar Iqbal said the amendments being made were meant to strengthen the already existing Pakistan Army (Amendment) Act, 2015.
An addition to the Army Act, 1952 says that a person will be subject to the Act provided further that notwithstanding anything contained in this Act or any other law for the time being in force, any persons arrested, detained or held in custody by the armed forces, civil armed forces or law enforcement agencies and kept under arrest, custody or detention before coming into force of the Pakistan Army (Amendment) Act, 2015 shall be deemed to have been arrested or detained pursuant to the provisions of this Act as amended by the Pakistan Army Act, 2015 if the offences in respect of which such arrest or detention was made also constitutes an offence.
An insertion after Section 2B provides for protection of court officials and witnesses and all those concerned with military courts’ proceedings.
The Section 2C says the convening authority or the court constituted under the Act may make such orders under the Act like sitting in camera, not publishing the names of court officials etc as it deems fit within available resources for the protection of witnesses, president, members, prosecutors, defending officers and other persons concerned in court proceedings for an offence under this Act, as may be proscribed.
The house also okayed a bill further to amend the Minimum Wages for Unskilled (Amendment) Bill, 2015 which envisages increase in minimum daily wages from Rs12,000 Rs13,000.
