NO it is not a public Document, but all the Parliamentarians& members of Senate are aware of it, When ever a 4 star General take oath he take it not only according to 3rd Schedule of Constitution, but also according to the Army act.
-Champ
What is the legal standing of such an oath or of thr army act itself? If what you are saying is really true then army act is in violation of constitution and hence invalid. Constitution does not give such powers to army chief.
Re: Powers of Army Chief & Blue Book
[quote]
What is the legal standing of such an oath or of thr army act itself? If what you are saying is really true then army act is in violation of constitution and hence invalid. Constitution does not give such powers to army chief.
[/quote]
As i said before Army Act & Constitution are two different things, Army has to defend the country not to follow the constitution.
-Champ
What is the legal standing of such an oath or of thr army act itself? If what you are saying is really true then army act is in violation of constitution and hence invalid. Constitution does not give such powers to army chief.
Army has its own constitution, in extraordinary situation, when National interest is on stake. Army has the power & legal authority to do what ever they wanted to do, this means even disable/add/change in current constitution, history tell us political powers and civilian bureaucracy accept this authority time by time !..
As i said before Army Act & Constitution are two different things, Army has to defend the country not to follow the constitution.
-Champ
If the two are different things then why does officers of armed forces take an oath on constitution?
And is constitution a hinderance to defence of the country? if yes which things in constitution make it difficult for army to defend the country?
Re: Powers of Army Chief & Blue Book
Just to put things in perspective, following is the 3rd schedule of consitution that deals with aoths
Members Of The Armed Forces
[Article 244]
(In the name of Allah, the most Beneficent, the most Merciful.)
I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan and uphold the Constitution of the Islamic Republic of Pakistan which embodies the will of the people, that I will not engage myself in any political activities whatsoever and that I will honestly and faithfully serve Pakistan in the Pakistan Army (or Navy or Air Force) as required by and under the law.
May Allah Almighty help and guide me (A'meen).
Re: Powers of Army Chief & Blue Book
[quote]
If the two are different things then why does officers of armed forces take an oath on constitution?
And is constitution a hinderance to defence of the country? if yes which things in constitution make it difficult for army to defend the country?
[/quote]
As i said before The use of Army Act is in emergency , normally Army follows constitution.
There are many Clauses in Constitution Which forbid Army to take necessary actions in the time of need, For example in Constitution Army in not allowed to tangle with Polititcans & their Activities, & have to follow the Order of Prime minister, but in Times of Need When Army knew that PM or President are not doing Well for this country & it might Lead to a Disaster, then the Exercise the power of Army Act.
Army has its own constitution, in extraordinary situation, when National interest is on stake. Army has the power & legal authority to do what ever they wanted to do, this means even disable/add/change in current constitution, history tell us political powers and civilian bureaucracy accept this authority time by time !..
Of course, jis ki lathi us ki bhens.
Army has its own constitution, in extraordinary situation, when National interest is on stake. Army has the power & legal authority to do what ever they wanted to do, this means even disable/add/change in current constitution, history tell us political powers and civilian bureaucracy accept this authority time by time !..
What about ISI, do they have their own constitution too?
Of course, jis ki lathi us ki bhens.
Politican's & bloody civilians ki jitni ukaat hoti hia, us k mutabiq hi deal kiya jata hia !...
What about ISI, do they have their own constitution too?
ISI is answerable to PM by law, but technically Chief has full authority over it. ISI chief was and will always be serving major general !
Re: Powers of Army Chief & Blue Book
[quote]
What about ISI, do they have their own constitution too?
[/quote]
Technically ISI serves under PM , but Practically it serves under Army Chief, so there should be no confusion about the power of ISI.
Politican's & bloody civilians ki jitni ukaat hoti hia, us k mutabiq hi deal kiya jata hia !...
ISI is answerable to PM by law, but technically Chief has full authority over it. ISI chief was and will always be serving major general !
Lieutenant General
Constitution of Pakistan & Constitution of Army
-Champ
There is no such thing call Constitution of Army. Army suppose to operate under the one and the only Constitution of Pakistan, but our choor generals are above the laws & have never been held accountable for all kind of criminality they have been involved in over time, including high treason. You're just making up stuff that you can't back up.
^Interesting, by the way, is army act a public document?
There is NO such document. There is however "official secrets act" which prevents people from leaking out state secrets and goes for high ranking ex army officers as well politicians. You can google it.
Re: Powers of Army Chief & Blue Book
^There does exist an army act of 1952 which was amended during Musharraf term. I don't beleive that its a secret act, i think it is a public document but i have not been able to find an online copy, may be some lawyers will know better.
There is NO such document. There is however "official secrets act" which prevents people from leaking out state secrets and goes for high ranking ex army officers as well politicians. You can google it.
^There does exist an army act of 1952 which was amended during Musharraf term. I don't beleive that its a secret act, i think it is a public document but i have not been able to find an online copy, may be some lawyers will know better.
You guys are confusing two difference documents:
1) Official Secret Act is in the Constitution of Pakistan only
2) Army Act is in Constitution of Pakistan only
3) Army Constitution is totally independent document. It provide chief with powers to take any step for the sake of nation. Including overthrowing political government or Passing Emergency Laws or Change in the Constitution of Nation. Chief powers can't be challenge in court or in Parliament, orders authorized by Chief can only be repeal by Army Chief.
There is NO such document. There is however "official secrets act" which prevents people from leaking out state secrets and goes for high ranking ex army officers as well politicians. You can google it.
FYI:
"Official Secrets" is part of "Secrets Act". Its very broad document and not just limited to state secrets.
Army is way to powerful in Pakistan !
Re: Powers of Army Chief & Blue Book
Their is ARMY ACT which existed, unfortunately i will only talk about public text regarding this act:Justice in Services: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 differences in tier levels reflect whether their competence extends to officers or enlisted men only and the severity of the punishment that may be imposed.Civilian courts cannot question decisions handed down by the military court and double jeopardy is prohibited. 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. 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.
Reference:
Sounds like ground work for legitimacy of “Summary Military Courts” (SMC). SMC’s were introduced for the first time in Gen. Ayub’s martial law and then again in times of Gen Zia’s military take over.In SMC’s a military officer presides over the court. State can also be represented by a military officer and the defendant can either hire a lawyer or ask a military officer for assistance. The courts are known for their swift disposal of cases.
There is no such thing call Constitution of Army.
Constitution of the army!! This is the first time I heard such a thing.
Constitution of the army!! This is the first time I heard such a thing.
Good so you know a new thing now !