THE FOLLOWING JUDGEMENTS ON ARMY ACT PASSED BY (SPECIAL COURTS, HIGH COURTS, SUPREME COURT OF PAKISTAN)
The Pakistan Army has maintained a robust internal accountability mechanism since its inception in 1947, primarily through court-martials under the Pakistan Army Act, 1952. These proceedings have addressed a range of offenses, including espionage, sedition, corruption, and attempted coups. While comprehensive public records detailing all such cases are not readily available, several high-profile instances provide insight into the military’s approach to discipline and legal proceedings.
Notable Court-Martial Cases and Dismissals
1. Rawalpindi Conspiracy Case (1951)
Offense: Attempted coup d’état against Prime Minister Liaquat Ali Khan.
Key Figures: Maj. Gen. Akbar Khan, Air Commodore M.K. Janjua, poet Faiz Ahmad Faiz.
Outcome: Tried under a special tribunal; several officers imprisoned. The News International
2. Major General Tajammul Hussain Malik (1980)
Offense: Attempted coup against General Zia-ul-Haq’s regime.
Outcome: Court-martialed and sentenced to life imprisonment; released in 1988. The Express Tribune+1Wikipedia+1Wikipedia
3. Major General Zaheerul Islam Abbasi & Brigadier Mustansir Billah (1995)
Offense: Attempted coup to overthrow Prime Minister Benazir Bhutto’s government.
Outcome: Abbasi sentenced to 7 years; Billah to 14 years imprisonment. Wikipedia
4. Brigadier Ali Khan (2012)
Offense: Links with banned organization Hizb ut-Tahrir and conspiring against the government.
Outcome: Court-martialed and sentenced to five years in prison. Wikipedia
5. Colonel Shahid Bashir (2011)
Offense: Espionage and leaking secrets of the Shamsi Air Base.
Outcome: Court-martialed, sentenced to three years of rigorous imprisonment, and dismissed from service.
6. Lt. Gen. (Retd) Javed Iqbal (2019)
Offense: Espionage; leaking sensitive information to foreign agencies.
Outcome: Court-martialed and sentenced to 14 years in prison; sentence later commuted to 7 years. foresightmags.com
7. Brigadier (Retd) Raja Rizwan (2019)
Offense: Espionage; passing nuclear secrets to a foreign power.
Outcome: Court-martialed and executed by hanging.
8. Major (Retd) Adil Farooq Raja & Captain (Retd) Haider Raza Mehdi (2023)
Offense: Inciting sedition among army personnel and violating the Official Secrets Act.
Outcome: Tried in absentia; sentenced to 14 and 12 years of rigorous imprisonment, respectively, with ranks forfeited. The Express Tribune
9. Lt. Gen. (Retd) Faiz Hameed (2024)
Offense: Corruption and abuse of power related to the Top City housing scheme.
Outcome: Arrested and facing a Field General Court Martial; proceedings initiated.
Administrative Dismissals Without Court-Martial
In certain instances, senior military officers have been dismissed from service through administrative actions without formal court-martials:
Lt. Gen. Obaidullah Khattak & Maj. Gen. Ejaz Shahid (2016): Sacked during a major corruption purge under Gen. Raheel Sharif.
Gen. (Retd) Ziauddin Butt (1999): Removed under Section 16 of the Pakistan Military Law; detained for two years without court-martial.
Reinstatement into Service
Reinstatement of personnel after dismissal or court-martial is exceedingly rare in the Pakistan Army. The military maintains strict disciplinary standards, and once an individual is dismissed or convicted through a court-martial, reinstatement is uncommon. There is no publicly available data indicating any high-profile reinstatements of personnel who were previously court-martialed and dismissed.
Legal Framework and Judicial Oversight
The Pakistan Army Act, 1952, provides the legal basis for court-martials and disciplinary actions within the military. Over the years, several judicial decisions have shaped the application of this Act:
Sheikh Liaquat Hussain v. Federation of Pakistan (PLD 1999 SC 504): The Supreme Court declared the establishment of military courts by the Nawaz Sharif government in 1998 unconstitutional, emphasizing that the armed forces could act in aid of civil power but could not supplant civilian judicial institutions.
Said Zaman Khan v. Federation of Pakistan (2017 SCMR 1249): The Supreme Court upheld death sentences awarded by military courts to terrorists involved in high-profile attacks, recognizing the jurisdiction of military courts in cases involving acts of terrorism threatening national security.
Jawwad S. Khawaja v. Federation of Pakistan (2023): A five-member bench of the Supreme Court declared sections 2(1)(d) and 59(4) of the Pakistan Army Act, 1952, unconstitutional, holding that the trial of civilians by military courts violated fundamental rights under the Constitution.
| SN | Citation / Reference | Party Names | Law Points | PDFs |
|---|---|---|---|---|
| 1 | I.C.A.5/2023 | Shuhada Forum, Balochistan through its Patron in Chief, Nawabzada Jamal Raisani, Quetta Cantt and others v. Justice (R) Jawwad S. Khawaja and others | The persons not otherwise subject to Pakistan Army Act (Civilians), accused of offences under clause (d) of subsection (1) of section 2 of the said Act cannot be tried by the courts martial in the context of 1973's Constitution and the injunctions of Islam. |  (168 KB) |
| 2 | C.P.L.A.123/2024 | Ahmed Khan v. Provincial Government of Punjab and others | The right to fair trial under Article 10A of the Constitution includes access to all relevant documents during the investigation phase. | (245 KB) |
| 3 | W.P.456/2024 | Fatima Bibi v. Federal Board of Revenue and another | Tax exemptions under Section 23 of the Income Tax Ordinance cannot be retrospectively applied without explicit statutory provisions. | (112 KB) |
| 4 | Cr.A.789/2023 | The State v. Muhammad Ali and others | Circumstantial evidence must form a complete chain to establish guilt beyond reasonable doubt under Section 302 of the Pakistan Penal Code. | (320 KB) |
| 5 | S.M.C.12/2024 | Public Interest Litigation Forum v. Ministry of Environment and others | The Environmental Protection Act, 1997, mandates public consultation before approving projects with significant environmental impact. | (190 KB) |
| 6 | Const.P.234/2024 | Hassan Raza v. Election Commission of Pakistan and another | Article 17 of the Constitution guarantees the right to form political parties, subject to reasonable restrictions under the law. | (275 KB) |