..::Military Justice System in Pakistan

Pakistan Army Act (1952), Pakistan Air Force Act (1953), Pakistan Navy Ordinance (1961).

The military justice system rests on three similar service laws: the Pakistan Army Act (1952), the Pakistan Air Force Act (1953), and the Pakistan Navy Ordinance (1961). The acts are administered by the individual services under the central supervision of the Ministry of Defence.

The army has a four-tier system; the air force and navy, three-tier systems. The top two levels of all three systems are the general courts-martial and district courts-martial; the third level comprises the field general courts-martial in the army and air force and the equivalent summary general courts-martial in the navy. The army also has a further level, the summary courts martial.

The differences in court levels reflect whether their competence extends to officers or enlisted men only and the severity of the punishment that may be imposed. Sentences of military courts must be approved by the convening authority, that is, the commanding general of the organization concerned. Every decision of a court-martial higher than summary court-martial level must be concurred in by a majority of the members of the court; where a vote is split evenly, the law provides that the “decision shall be in favor of the accused.” There is a right of appeal within the military court system, but no civilian court has the right to question the judgment of a military court. In cases where a military person is alleged to have committed a crime against a civilian, the central government determines whether military or civilian courts have jurisdiction. Double jeopardy is prohibited. Former servicemen in civilian life who are accused of felonies committed while on active duty are liable for prosecution under the jurisdiction of military courts. These courts are empowered to mete out a wide range of punishments– including death. All sentences of imprisonment are served in military prisons or detention barracks.

In contrast to the civilian court system, the introduction of Islamic law (sharia–see Glossary) has had little effect on the military justice system. The Federal Shariat Court has, however, ordered the military to make more liberal provisions to appeal, to confront witnesses, and to show just cause .It was not clear in early 1994 what practical effect these directives have had.

8 comments on “..::Military Justice System in Pakistan

  1. Aoa Sir,

    Aik army junior ranked sipahi aik larki ko dhamka rha hai zabardasti shadi krny k liye aur ous sipahi k phone records b mujood hain wo larki shadi shuda hai aur school time mein ouski frnd thee magar ab ous ki kahin aur shadi ho gae hai, Iss situation mein ous sipahi k khilaf kiya ministry of defence ko application di jae ya army chief or can lodge FIR against him? Please guide

    Like

    • yes you can move an complaint to army head quarters against and you can also take legal action for registration of a criminal case FIR against the at army man in the local police station

      Like

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