THE news report on the subject (July 13), quoting the AG and Advocate Mohammad Ibrahim Satti, does not give a clear picture about criminal proceedings against a serving army officer, or for that matter any of the three armed forces’ serving personnel. In order to dispel any impression that armed forces’ personnel are perhaps above the law, it is desirable to briefly describe the correct legal position in the matter.

Since the armed forces have their own legal system provided in their respective manuals, any serving armed forces personnel charged with any offence, whether a traffic offence or theft or murder can, subject to certain exceptions, be tried by a court martial or dealt with summarily.

The procedure is like this. Except for offences of murder, culpable homicide not amounting to murder or rape against civilians, all other offences can be tried under the respective service laws either summarily or by a court-martial, depending upon their gravity.

When a member of the armed forces is charged with any other offence, the commanding officer of the person concerned can claim him for dealing with him under the respective service law. The civil authority can refuse to hand over such a person in which case the matter goes to the federal government for decision. To my knowledge no such case has happened.

The personnel of the armed forces are, therefore, not above the law but, being in a disciplined service, are liable to suffer more severe punishment than their civilian counterparts for the same offence. For example, if a member of the armed forces is tried in a case of theft by a magistrate, he can get away with a simple fine but if tried by a court martial he may suffer imprisonment and sure dismissal from service, losing his pension and other terminal benefits. This is to maintain discipline.

Let me give another example. If a civilian clerk does not say ‘salaam’ to his officer, nothing happens. But if a soldier does not salute an officer, he can go to jail for two years.

This is how the system of crime and punishment works in the armed forces.

GROUP CAPTAIN (r) S. M. ANWAR
Karachi