Practice Relating to Rule 154. Obedience to Superior Orders
Under Pakistan’s Army Act (1952), a soldier is liable to punishment if he disobeys a “lawful command”.
Pakistan’s Frontier Corps Ordinance (1959) provides for the punishment of “every member of the Frontier Corps who – … while on active service – … disobeys the lawful command of his superior officer”.
The Report on the Practice of Pakistan states:
Although the text of the oath [for soldiers] merely refers to obedience to “all commands”, still it is to be understood that the text of the oath … cannot be read beyond the provisions of [section 33 of the Army Act (1952) which provides that a soldier is liable to punishment if he disobeys a “lawful command”]. It is to be noted that although there is no provision explicitly stating that unlawful command should be disobeyed, still the section 33 can be interpreted to mean that there will be no punishment under the Army Act if the soldier has disobeyed the command which is illegal … Thus the opinio juris
and the practice in Pakistan is that unlawful command can be refused.