SC asked to declare Pak Army (Amendment) Act, Official Secrets (Amendment) Act ‘ultra vires’

ISLAMABAD: The Supreme Court has been asked to declare that the Pakistan Army (Amendment) Act, 2023, and the Official Secrets (Amendment) Act, 2023, are “ultra vires” of the constitution.

The Sindh Bar Council (SBC), on Thursday, filed a petition under Article 184(3) of the constitution and made Federation through secretaries, ministries of Law and Justice, Interior and Defence and chief secretaries of all the provinces as respondents.

The petition contended that the purported Pakistan Army (Amendment) Act, 2023, and the purported Official Secrets (Amendment) Act, 2023, lack presidential assent under Article 75 (1). “[They] are a nullity, and may not be accorded the status of law under Article 75 (3) of the Constitution,” it said.

“They purport to further extend the reach of military laws and military tribunals over civilians (including retired military personnel) and to this extent are of no legal effect.”

President Dr Arif Alvi, on 20th August, sparked controversy by claiming that he had not signed the Official Secrets (Amendment) Bill, 2023, and the Pakistan Army (Amendment) Bill, 2023. He on Twitter denied giving his assent to the two bills.

The petition asked the Supreme Court to strike down Sections 2(d), 59 (4) and 94 of the Pakistan Army Act, 1952, and Section 2 (dd), 71 (3) and 123 of the Pakistan Air Force Act, 1953, and Section 2 (3), 78 (3) and 107 of the Pakistan Navy Ordinance, 1961.

The SBC contended that charging a person in relation to the various acts of violence during the May 9 and 10 attacks throughout Pakistan under the Official Secrets Act, 1923, and the Pakistan Army Act, 1952, is, apart from being unconstitutional, patently beyond the scope of the said acts. “[it is] a colourable exercise of power and without jurisdiction.”

The petitioner urged the court to declare that the trial of civilians under military laws and before military tribunals violates the Constitution and Pakistan’s international treaty and convention obligations and cannot be countenanced under any circumstances.

It urged the apex court to declare that the trial of civilians under military laws and before military tribunals violates, inter alia, 4, 10, 10-A, 25, 175, 202, and 203 of the Constitution and Pakistan's international treaty and convention obligations and cannot be countenanced under any circumstances.

“In the alternative, [the court is requested to] declare that the Pakistan Army (Amendment) Act 2023 and the Official Secrets (Amendment) Act, 2023 are ultra vires the Constitution insofar as they purport to further extend the reach of military laws and military tribunals over civilians (including retired military personnel) and to this extent are of no legal effect,” it said.

Copyright Business Recorder, 2023