Classified information disclosure: Senate passes bill proposing up to 5 years in jail

ISLAMABAD: Amidst strong protest by different parliamentarians from treasury and opposition benches, the Senate, Thursday, passed the Pakistan Army (Amendment) Bill 2023, a government’s legislative draft that proposes “rigorous” imprisonment extendable up to five years for “anyone who discloses or causes to be disclosed any information, acquired in official capacity, which is or may be prejudicial to the security and interest of Pakistan or the armed forces of Pakistan.”

In the house meeting, the bill was moved hastily with Chairman Senate Sadiq Sanjrani having allowed Defence Minister Khawaja Asif to present the bill — instead of referring it to the relevant standing committee.

This drew the ire of the senators who slammed the government for not according them adequate time to go through the bill.

Senate passes Army Act amendment bill

However, not only the Pakistan Army (Amendment) Bill 2023, but three other government bills; the Defence Housing Authority Islamabad (Amendment) Bill 2023, Cantonments (Amendment) Bill 2023 and Board of Investment (Amendment) Bill 2023 were passed by the house.

Barring the Board of Investment (Amendment) Bill 2023 that was presented by Law Minister Azam Tarar, the defence minister presented the other three bills.

“We have no idea what these bills are all about — that have been passed by the house today. This is a dark day in the history of Parliament. This is just unacceptable—legislation cannot be done like this—in such a blind and stealthy manner,” remarked former chairman Senate Raza Rabbani from Pakistan People’s Party (PPP).

Rabbani demanded that the government bills be referred to the relevant committee — and walked out of the house in protest to the passage of these bills.

Later, Tahir Bizenjo from National Party (NP) also staged a walkout against “unannounced and sudden passage of bills.”

Opposition Senator Mushtaq Ahmed Khan from Jamaat-e-Islami (JI) spoke in strong criticism of the chairman Senate’s move to bypass the committees.

Khan said he moved a bill, five months back, for legislation related to extension in the tenure of services chiefs.

He accused the chairman Senate of not bringing that bill on the house’s business agenda. “I have been waiting for five months but my bill has not been on the agenda,” he said, adding that the government bills were moved in haste without taking the house into confidence.

On Pakistan Army (Amendment) Bill 2023, the JI senator told Sanjrani, “Don’t violate the prescribed procedure — refer this bill to the committee” before Sanjrani refused to send this bill to the committee and allowed its presentation before the house. Pakistan Army (Amendment) Bill 2023 bars 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.” The bill provides that the persons who remained “posted, employed, seconded, tasked or otherwise attached on sensitive duties” are not allowed to get engaged in political activity of any kind, during a period of five years from the date of their retirement, release, resignation, discharge, removal or dismissal from the service.

The bill also disallows any person, subject to the Army Act, in the past five years from “directly or indirectly entering into employment, consultation or other engagement with an entity having conflict of interest with the activities of the Pakistan Army or its affiliates.”

But this clause is not applicable on persons who get the related prior approval from the army chief to get engaged in the aforementioned activities with the approval of army chief.

A person guilty of the said offence can be “imprisoned for up to two years with fine not exceeding Rs 500,000 or with both,” the bill reads.

“Any person, who is or has been subjected to the Army Act, and commits an offence under the Prevention of Electronic Crimes Act (PECA) 2016— with the mala fide intention to undermine, ridicule, or scandalize the armed forces of Pakistan, shall be punished in the manner prescribed in the PECA law,” the bill reads.

The bill empowers the army chief “from time to time, (to) make and issue instructions for carrying into effect the provisions of this act and the rules and regulations made thereunder, provided that all such instructions already made and issued shall always be deemed to have been validly made and issued under this act.”

The house was adjourned till Sunday.

Copyright Business Recorder, 2023