Kamal Davar | Pak Army’s Sweeping Powers In New Law Puts Top Court, Govt At Field Marshal’s Mercy

It is often said about our western neighbour that while most countries have an army, in the case of Pakistan its military has a country attached to it. This cliché has once again acquired new traction as the all-powerful Pakistan military, under its self-appointed Field Marshal Asim Munir, Chief of the Army Staff, has ensured that the civilian government led by Prime Minister Shehbaz Sharif steered the Pakistan Parliament into passing the controversial 27th Amendment to the Constitution. This amendment accords sweeping powers to the Pakistan military and effectively reduces the legal authority of the country’s Supreme Court.

The neutering of the Supreme Court removes whatever checks it previously had on Pakistani politicians and the leadership of the armed forces. Amazingly, barring a few eminent lawyers, opposition to this draconian move has so far been muted, perhaps due to the prevailing fear psychosis within Pakistan’s civil society, which has prevented any vociferous protests. What could earlier have been legally struck down by the Supreme Court is now history. Field Marshal Asim Munir, already the most powerful functionary in Pakistan, has now effectively graduated from de facto authority to de jure power.

It is historically interesting to note that Asim Munir is Pakistan’s second Field Marshal after Ayub Khan, who staged a coup in 1959. There have been four coups in Pakistan’s fragile democracy, though the Army, under every civil dispensation, has wielded absolute powers over defence and foreign policy matters, especially regarding India and the neighbourhood, including the launch of terrorist activities in both India and Afghanistan. The Pakistan Army has been fully instrumental in ensuring that, despite its consecutive defeats against India across four wars and most recently in Operation Sindoor, Pakistan continues with its myopic and self-destructive anti-India formulations. The 27th Amendment will only further worsen India-Pakistan relations, for the Pakistani Deep State -- the unholy trinity of the Army, its Inter-Services Intelligence and other agencies, and the many terror tanzeems which it nourishes -- will ensure a continued anti-India tirade.

It is worthwhile to study the sweeping changes introduced by the 27th Amendment in relation to Article 243 of the country’s Constitution, which defines the relationship between Pakistan’s civil government and its military. Firstly, Article 243 states that the “federal government shall have control and command of the armed forces“, and that the “supreme command of the armed forces shall rest in the President”. But now, Asim Munir, in his newly-created role as Chief of the Defence Forces, will be in full control of the armed forces, including the Army, Navy and Air Force.

Secondly, the position of Chairman of Joint Chiefs of Staff has been abolished and replaced with the Chief of Defence Forces, who now has absolute powers, including control over Pakistan’s nuclear arsenal.

Thirdly, the Supreme Court’s earlier powers to address cases related to politicians and the armed forces have been taken away. Instead, a Federal Constitutional Court will hear all constitutional matters, while the Supreme Court’s writ will run only on civil and other limited issues.

One of the most draconian insertions via the 27th Amendment has been the granting of legal immunity to serving and retired military officers for actions taken “in the line of duty”. This means corruption, human rights abuses and other misconduct by the senior military hierarchy will not even be addressed, let alone punished. Even earlier dictators like Gen. Zia-ul Haq and Gen. Pervez Musharraf never enjoyed such privileges; and had legal cover only under martial law. Gen. Musharraf, it may be recalled, was impeached when the Nawaz Sharif government came to power, and was eventually exiled.

Overall, all civil institutions of governance in Pakistan have now been subsumed under the Amy’s legal architecture. Pakistan today has unabashedly become a “constitutional dictatorship in uniform”. Field Marshal Asim Munir has drifted further into giving his military reforms a religious touch, with the Army becoming more a guardian of faith than of their restive nation. This is a dangerous development, with religion now weaponised. Terror outfits in Pakistan will only be further emboldened, for the Army is no longer keeping them in check but is instead becoming an instrument of radicalism and terror itself. This will have far reaching consequences for India, Afghanistan, Iran and even the Central Asian Republics. Some ultra-Islamic nations like Turkey will surely welcome Pakistan’s transformation.

With Rawalpindi now fully replacing Islamabad as the seat of absolute power, the Pakistan Army is certain to redouble its repression in Balochistan, while Sindh, Khyber Pakhtunkhwa, and areas along the Durand Line may witness unprecedented escalation.

Though Asim Munir and the Pakistan military may be gloating over their capture of absolute power, this fragile stability and its likely implications should propel India to further strengthen its security posture. The export of terror to Jammu and Kashmir and other parts of India will be given renewed impetus, and many more responses on the lines of Operation Sindoor will have to be unleashed as required.

India’s intelligence agencies will have their task cut out in monitoring Pakistan’s nefarious activities, especially attempts to influence India’s otherwise loyal and patriotic Muslim population. India must also prevail upon the United States to effectively rein in a terrorist state like Pakistan before America once again suffers a catastrophic attack like 9/11.

The coming months appear fraught with the likelihood of Pakistan’s terror activities and evil machinations rising across India and the entire region.

The writer, a retired lieutenant-general, was the first head of India’s Defence Intelligence Agency, and is a strategic analyst