DG ISPR Maj Gen Asif Ghafoor Tweeted something incredible earlier today.
Notification on Dawn Leak is incomplete and not in line with recommendations by the Inquiry Board. Notification is rejected.
— Maj Gen Asif Ghafoor (@OfficialDGISPR) April 29, 2017
The General’s Tweet has received a lot of praise on social media from opponents of PMLN and Nawaz Sharif, but there is a serious problem here. Gen Ghafoor did not Tweet as a private citizen, but as “Official DG ISPR.” By doing so, he may have violated the Constitution.
Article 243 of the Constitution is quite clear:
243. Command of Armed Forces.-
(1) The Federal Government shall have control and command of the Armed Forces.
What would be the response of COAS Gen Bajwa if he found out that one of his subordinates Tweeted that he ‘rejected’ his notification? What would be the response of Gen Bajwa if his subordinates were openly operating outside the chain of command, making decisions and carrying out operations without approval?
In the worst cases, acts of insubordination would even be considered Mutiny under Section 31 of Pakistan Army Act 1952:
31. Mutiny and insubordination: Any person subject to this Act who commits any of the following offences, that is to say, –
(a) begins, incites, causes, or conspires with any other person to cause, or joins in, any mutiny in the military, naval or air forces of Pakistan or any forces co-operating therewith; or
(b) being present at any such mutiny, does not use his utmost endeavours to suppress the same; or
(c) knowing or having reason to believe in the existence of any such mutiny or any intention to commit such mutiny, or of any such conspiracy, does not without reasonable delay give information thereof to his commanding or other superior officer; or
(d) attempts to seduce any person in the military, naval or air forces of Pakistan from his duty or his allegiance to the Government of Pakistan; shall, on conviction by court-martial, be punished with death or with such less punishment as in this Act mentioned.
Gen Ghafoor’s mistake has now become Gen Bajwa’s problem since he is responsible for discipline inside the ranks. Gen Raheel famously dismissed officers for failing to live up to the high expectations of honour and behaviour expected in the Armed Forces. Now his DG ISPR is acting in open insubordination in possible violation of the Constitution.
How will COAS respond? Will he make an example of the ISPR chief to send a clear message about the importance of respecting rule of law and chain of command? Will he launch a commission to investigate problems of insubordination in the ranks? However the Army Chief chooses to respond will tell much about the internal order of the Armed Forces, and the state.