Official Secrets (Amendment) Bill, Pakistan Army (Amendment) Bill: SC urged to suspend operation of two ‘laws’

ISLAMABAD: The Supreme Court was urged to suspend the operation of the Official Secrets (Amendment) Bill, 2023, and the Pakistan Army (Amendment) Bill, 2023, as after President Dr Arif Alvi’s revelation that he has not signed them confusion was created about their fate.

Advocate Zulfiqar Ahmed Bhutta, on Tuesday, filed a petition under Article 184(3) of the constitution after President Dr Alvi revealed that he had not signed legislation amending the Official Secrets Act and the Pakistan Army Act. He has cited the Federation through the secretary Ministry of Law and Justice as respondent.

Bhutta prayed before the apex court to provide directives to the government “regarding the legal status of both the said bills within the next ten days” and that “during the pendency of this petition all actions in view of the Official Secrets Act, 2023 and Army Act, 2023 may be declared suspended”.

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The petitioner stressed that a “crisis” has arisen as a result of the president’s claims and that “it is possible that the proceedings under the amended acts would not be maintainable”.

Dr Alvi had created a stir on Sunday by claiming that he had not signed the Official Secrets (Amendment) Bill and the Pakistan Army (Amendment) Bill, attributing the confusion to his staff’s actions. This revelation plunged the country into a state of chaos.

In a social media post, the president vehemently denied giving his assent to the two bills. He admitted; however, that his staff failed to return the bills to parliament within the stipulated 10-day timeframe mandated by Article 75 of the Constitution. He accused his staff of not only deceiving him but also undermining his authority, effectively concealing the fact that the bills had not been returned.

Alvi said that he found out on Sunday that the bills had not been returned within the stipulated timeframe, adding that on his repeated enquiries from his staff, he got the assurance every time that the bills were returned.

Subsequently, he wrote to the principal secretary to the prime minister that the services of serving secretary to the president were no more required.

The caretaker law minister responded swiftly to the president’s allegations, as it defended the enactment of the Official Secrets (Amendment) Bill, and the Pakistan Army (Amendment) Bill, saying that the bills became the law on maturity of the 10-day period for presidential assent.

Copyright Business Recorder, 2023