Attorney-General Malik Mohammad Qayyum on Tuesday dispelled apprehensions and doubts about the purpose behind the amendments made in the Army Act 1952, saying that a wrong impression was being created that henceforth military courts can try any civilian. "The Army Act Amendment Ordinance 2007 is being misunderstood, and its contents are being wrongly perceived," he said while talking to APP.
He debunked the claim that all civilians were liable to be prosecuted by military courts, under the Army Act, as amended through the Ordinance issued last week. By amending Section 2 (1) (d) of the Act it has been provided that only those civilians who commit terrorist acts, or offences mentioned in the Army Act, would be put on trial at military courts, he said.
Qayyum recalled that, in 1975, a similar law was challenged in the Supreme Court, which had upheld it in the case of Brigadier F B Ali and others versus the State through a unanimous decision given by a five-member bench. The bench comprised Chief Justice Hamoodur Rehman, Justice Mohammad Yaqub Ali, Justice Salahuddin Ahmed, Justice Anwarul Haq and Justice Mohammad Gul.
The Attorney-General cited a part of the judgement which read: "In accordance with the American constitutional provision no statute could be framed by which a civilian could lawfully be tried by a military court in time of peace. The position in our country is, however, different. It seems that if the Army Act is a valid piece of legislation, then it does permit the trial of civilians, in certain circumstances, by a military court even in times of peace."
Qayyum said the latest ordinance was meant to remove certain ambiguities in the previous text of the Act. The Attorney-General also referred to another portion of the 1975 Supreme Court judgement, according to which "even civilians or persons who have never been, in any way, connected with the army should be made subject to it in certain circumstances gravely affecting the maintenance of discipline in the army. The nexus required is that they should be persons who are accused of seducing or attempting to seduce any person subject to the Army Act from his duty or allegiance to Government."