What is Martial Law?

What is Martial Law?

If you ask a Pakistani what martial law is, they will immediately tell you that when the military seizes power, this takeover is called martial law. However, if you ask an American the same question, they will explain that martial law is a temporary arrangement in which, due to civil war or a breakdown of law and order, the administration of a state or city is temporarily handed over to the military. In Pakistan, the military has taken direct control of the government four times, and four military dictators have ruled the country for a total of 33 years.

In contrast, martial law has been imposed in the United States 68 times. However, in the U.S., the military does not rebel against the political government to seize power. Instead, the governor of a state or the President of the United States orders the military to intervene in times of emergency to restore order, after which the military withdraws. For example, in 1862, during the American Civil War, President Abraham Lincoln imposed martial law, suspending civil liberties and establishing military courts. The order for martial law was approved by the Senate and Congress, and this arrangement lasted for four years. Similarly, in 1941, after Japan attacked Pearl Harbor, President Franklin D. Roosevelt imposed martial law in the state of Hawaii, which remained in effect for two years and ten months.

Despite martial law being imposed 68 times in the U.S., the term has not become a stigma because American presidents or state governors have used it solely to restore order, and the military has never once taken over the government or imprisoned an elected president.

Martial Law in Pakistan

The first experiment with martial law in Pakistan occurred in 1953 during the Khatm-e-Nubuwwat movement when riots broke out in Lahore. Governor-General Ghulam Muhammad imposed martial law in Lahore to curb the unrest and established military courts. These courts sentenced Maulana Abul A'la Maududi and Maulana Abdul Sattar Khan Niazi to death. However, this martial law lasted only two months, and the harsh sentences handed down by the military courts were later revoked.

Nevertheless, the military's top brass, particularly General Ayub Khan, had begun to see opportunities for power. In 1958, he conspired with Governor-General Iskander Mirza to impose martial law. A few days later, Ayub Khan arrested Mirza and took complete control of the government. Ayub Khan ruled for eleven years and declared himself a Field Marshal. During his rule, he appointed General Yahya Khan as the Army Chief and focused solely on governing the country. However, once Yahya Khan assumed power, he did to Ayub Khan what Ayub had done to Iskander Mirza.

The Pakistani military has always taken over power under the pretext of "national interest," but in reality, the ambition for power has always harmed the country's true interests. When public resentment against a military dictator reaches a tipping point, their grip on power weakens. This is why Yahya Khan was able to swiftly remove Field Marshal Ayub Khan from power.

In 1977, General Zia-ul-Haq imposed the third martial law, overthrowing Prime Minister Zulfikar Ali Bhutto, who was later sentenced to death by the Supreme Court. General Zia's rule ended in a mysterious plane crash.

In 1999, when Prime Minister Nawaz Sharif dismissed Army Chief General Pervez Musharraf and appointed General Ziauddin Butt as the new Army Chief, the military staged a coup. Nawaz Sharif was arrested at the Prime Minister's House and later accused of hijacking Musharraf’s plane. However, after international intervention, he was released and exiled to Saudi Arabia.

General Musharraf ruled for nine years, but as public opposition grew, the military removed him from power with a ceremonial guard of honor. By the end of his rule, wearing a military uniform in public had become difficult for soldiers and officers due to public resentment. To prevent future martial law, Pakistani political parties passed the 18th Amendment, which stripped the courts of their ability to legitimize martial law. The Supreme Court later ordered treason proceedings against Musharraf. General Raheel Sharif attempted to prevent the trial, but it proceeded, and Musharraf was eventually sentenced. However, General Qamar Javed Bajwa ensured that the sentence was never enforced. Meanwhile, the judge who handed down the sentence, Justice Waqar Seth, became a national hero.

The Bajwa Doctrine:

Martial Law Without a Declaration

In Pakistan, every military dictator has met a bad end, so during General Bajwa's tenure, a new doctrine was developed: governing the country through the military without officially declaring martial law. After the 2018 elections, Imran Khan was made Prime Minister, but judicial and media freedoms were curtailed. Parliamentary legislation took place under military oversight, and intelligence agencies played a direct role in media control. To free himself from the Bajwa Doctrine, Imran Khan attempted to use General Faiz Hameed as leverage but failed, ultimately losing power. Now, he sits in jail, trying to lead a resistance movement against the government.

The government, in turn, has adopted elements of the Bajwa Doctrine to suppress dissent. During Bajwa's tenure, a law was drafted to ban political gatherings and protests, but it was never passed. Instead, a Presidential Ordinance amended the Prevention of Electronic Crimes Act (PECA), though it was later suspended by the Islamabad High Court.

Under Prime Minister Shehbaz Sharif, the same policies have resurfaced. Parliament passed the Public Order Act 2024, banning political gatherings in most areas. The PECA Amendment Act 2025 has also been enacted. Military courts already exist, and now, special courts will be set up to prosecute government critics.

Martial Law Without the Name

Now, political gatherings are only allowed in designated areas outside Islamabad, such as Sangjani. Criticizing the government on social media can lead to prosecution in special courts under accusations of spreading "fake news." If this isn’t martial law, then what is it?

Shehbaz Sharif's government is pushing Pakistan towards a scenario where people will soon start saying that his rule is more authoritarian than that of General Ayub Khan, General Yahya Khan, General Zia-ul-Haq, and General Pervez Musharraf.

Past dictators overthrew democracy while wearing military uniforms. However, in today’s Pakistan, democracy is being dismantled through parliament, under the guise of civilian governance.