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| What action can be taken against vandals in Corps Commander House, GHQ, and Cantonment areas |
Pakistan Tehreek-e-Insaf has announced to continue the 'peaceful' protests across the country until the release of former Prime Minister Imran Khan, while scenes like arson and vandalism of important buildings were witnessed during the protest held yesterday immediately after his arrest found.
The situation seemed tense yesterday when angry protesters started targeting military properties, such as the Pakistan Army headquarters, GHQ, and Corps Commander House Lahore.
Agitated protesters raised slogans and vandalized outside Gate No. 1 of GHQ in Rawalpindi and some protesters entered the premises of the GHQ building.
Although there are several check posts and GHQ offices located several kilometers away from the gate, security is generally tight at the gates and surrounding areas of the GHQ, and public gatherings are not allowed. was given
The situation was the same in the cantonment areas across the country which are commonly called military cantonments.
Last day, PTI supporters allegedly caused a severe disturbance in Lahore Cantonment, while videos of demonstrations and vandalism in cantonment areas in many parts of the country, including Peshawar, came to light.
The residence of Corps Commander Lahore was set on fire in Lahore Cantonment, while army cantonments were set on fire in many other areas.
Laws against damage to military property and installations and rioting in these areas are strict and the punishments can be severe.
The BBC spoke to experts to understand the rules on rioting in cantonment areas, forcible entry into military headquarters, and damaging military property.
But first, let's understand what is the legal status of cantonment areas and what is meant by military property.
What is meant by Cantonment, Military Estate, and Cantonment?
A cantonment or military cantonment has a constitutional status, military cantonments in Pakistan are federal territories and are established under the Cantonment Act, of 1924.
Any area under this Act may be used for training or defense purposes of the armed forces and may be declared a 'military cantonment' by an order issued under this Act.
In many countries, including Pakistan, a cantonment or military cantonment refers to an area where military personnel and their families reside, and where military training and other security-related activities are carried out.
Civilian access to these areas is generally non-existent, or very limited, without required paperwork, and military regulations and laws apply.
The cantonment area includes military barracks, training grounds and installations, administrative buildings, hospitals, schools, and other buildings and installations. Similarly, every military cantonment also has a police station which functions like any other police station in other parts of the country.
Similarly, 'military property' includes all goods, installations, and areas used or owned by the armed forces or within the limits of a military cantonment.
How can legal action be taken for damage to military property?
In Pakistan's armed forces (navy, land, air force) installations, discipline or any offense against personnel of the forces is dealt with under the Pakistan Army, Naval, and Air Force Act. However, even in the case of a civilian, sometimes action can be taken under military law.
In case of taking legal action against a military cantonment or cantonment area or any part of the country, if the accused is a soldier, the action is taken against him under the Pakistan Army Act, 1952.
Speaking to the BBC, a former official of the Adjutant General Branch of GHQ said that 'if the army itself wants to give the police the authority to take action or investigate against a military person, it is possible, but this action is usually done by the army. It is done by court-martial.
He said that 'However, if a civilian is found guilty of any crime in the cantonment area, an FIR against him is registered under the Pakistan Penal Code in the cantonment police station and he is also detained by the police. .'
However, according to legal experts, in case of damage to 'operational military installations', the army itself can use the power of action in the military court under the Military Act, including anti-terrorism laws.
According to a former army officer of the Adjutant General Branch, 'espionage, inciting mutiny in the army and assaulting an army officer and some other such serious crimes are punishable under military laws.'
But civil crimes do not fall into this category. For example, attacking, stealing, or setting fire to the residence of the Corps Commander in the cantonment area is a civil offense because it is a government building and residence but not the office of a military officer.
But he says that if the same crime has been committed in his office or any other military installation, the case and proceedings against such an accused will be under the Pakistan Army Act and the person will be field general court-martialed.
According to him, GHQ is also included in the operational military installations, so any attack on this building would violate the Pakistan Army Act. will be seen in the context of an action against the civilians involved in the attack under Field General Court Martial is likely.
An officer of the Pakistan Air Force said on condition of anonymity that during yesterday's protest, action can be taken under the Military Act against those arrested for demonstrating within the boundaries of the Pakistan Air Force and damaging property. .'
However, they say that depending on the nature of the crime committed in military cantonments, the army acts under its own rules or the police under civil rules.
"The military has the power to request its own investigation and trial of crimes committed on its installations," he told the BBC.
What is a Field General Court Martial?
The Pakistan Army Act, of 1952 refers to the offenses which are tried under this Act if those offenses are committed by army personnel. However, in some provisions regarding the application of the same act, this law is also applicable to ordinary citizens in some cases.
In the case of proceedings under the Military Act, the judicial proceedings against the accused are called Field General Court Martial, while this military court functions under the supervision of the GHQ Adjutant General Branch.
The president of this court is a serving (generally lieutenant colonel rank) military officer, and the prosecution counsel is also a military officer.
It should be noted that officers holding legal degrees in the Adjutant General Branch are part of these judicial proceedings. Here the accused are given the right to have a lawyer.
If an accused cannot afford a private lawyer, military officers act as their advocates, they are called 'Friends of the Accused'.
It should be noted that after the proceedings here, the accused has the right to appeal. However, the general opinion about military courts is that although these courts operate under the system of 'speedy justice', where the accused does not get complete freedom to pursue his own case.
Now it is to be seen according to which law action will be taken against those workers of Pakistan Tehreek-e-Insaaf who allegedly damaged the military property and whether it will be done or not.