Pakistan Army Act, 1952
Pakistan Army Act, 1952 is the primary statute governing the affairs of Pakistan Army. It was passed by the Parliament of Pakistan in 1952.[1][2]
Pakistan Army Act, 1952 | |
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Parliament of Pakistan | |
Enacted by | Parliament of Pakistan |
Amendments
The act was amended in 2015 under the Pakistan Army (Amendment) Act, 2015. The bill was approved by National Assembly of Pakistan on 6 January 2015.[3] This amendment allowed the establishment of special military courts to try the civilians suspected of terrorism. The courts established under this amendment had a moratorium of two years thus setting an end date of January 2017. Furthermore, Pakistan Army Act, 1952 (PAA) was added to the First Schedule of the Constitution through Twenty-first Amendment to the Constitution of Pakistan making it exempt from voidance under the premise of being against fundamental rights.[4] The establishment of military courts under this amendment was challenged in the Supreme Court of Pakistan but a full court bench of seventeen judges upheld the amendment by an 11 to 6 decision.[5]
Notable trials
On 10 April 2017, Indian spy Kulbhushan Jadhav was sentenced to death by Field General Court Martial under section 59 of the act.[6]
References
- "Pakistan Army Act", Punjab Judicial Academy, retrieved 3 January 2020
- Jha 2016.
- "21st Constitutional Amendment links religion with terrorism: JUI-F chief | The Express Tribune".
- "Are military courts the answer?". www.thenews.com.pk.
- "Supreme Court upholds establishment of military courts | The Express Tribune".
- "Indian 'spy' Kulbhushan Jadhav sentenced to death in Pakistan". April 10, 2017 – via The Economic Times.
Bibliography
- Wing Commander (Dr) U C Jha (15 August 2016), "Military Legal System", Pakistan Army: Legislator, Judge and Executioner: Legislator, Judge and Executioner, KW Publishers Pvt Ltd, ISBN 978-9-38-628830-1