August 14, 2024
By Rana Malhi
ISLAMABAD
The Pakistan Army’s recent actions concerning Lieutenant General Faiz Hameed (retired) have sparked a national debate over the appropriateness of trying civilians in military courts. Critics argue that such trials undermine the civilian judiciary.
On Monday, the Inter-Services Public Relations (ISPR) announced that a detailed inquiry, conducted in compliance with Supreme Court orders, had been completed in relation to complaints received in the Top City case against Gen Hameed. The inquiry has led to the initiation of disciplinary action under the Pakistan Army Act.
The ISPR’s statement revealed that additional violations of the Pakistan Army Act, allegedly committed by Hameed after his retirement, have also surfaced. The process of a Field General Court Martial has begun, and the general has been taken into military custody.
The Pakistan Army Act 1952 Amendment Bill, passed by the parliament in 2023, plays a critical role in this ongoing debate. The bill stipulates severe penalties, including up to five years in prison, for the unauthorised disclosure of information obtained in an official capacity concerning national security.
However, it also provides that those who disclose information with the permission of the army chief or an authorised officer will not face punishment. The bill’s text further states that those revealing information against the interests of Pakistan and its armed forces will be prosecuted under the Official Secrets Act and the Army Act.
Senator Kamran Murtaza of Jamiat Ulema-e-Islam (F) voiced his party’s opposition to the trial of civilians in military courts, questioning the necessity of such measures when civilian courts are functional.
Amjad Shah, a senior member of the Pakistan Bar Council, echoed this sentiment, stating that the Bar Council strongly opposes the trial of civilians in military courts. Shah also acknowledged that this practice has been observed under various governments, but emphasised that “proceedings against Hameed will follow the army’s own judicial process.”
Bilal Azhar Kayani, a member of the National Assembly from the ruling Pakistan Muslim League-N, defended the military’s stance. “Army officers, even after retirement, remain bound by the Army Act and must seek permission for any other employment.”
This controversy comes in the wake of repeated accusations by Maryam Nawaz, Chief Minister Punjab, who last year publicly accused General (Retired) Faiz Hameed of orchestrating the downfall of Nawaz Sharif’s government.