Petition filed under Article 184(3): IK challenges Army and Official Secrets laws in SC

ISLAMABAD: The Supreme Court prayed to declare the Official Secrets (Amendment) Act, 2023 and impugned Pakistan Army (Amendment) Act, 2023, as unconstitutional, non -est, coram non-judice, without lawful authority, and ultra vires to the Constitution.

Former prime minister Imran Khan, on Saturday, challenged the Acts, by filing a constitutional petition under Article 184(3) through advocate Shoaib Shaheen, and cited President Arif Alvi, the federation, and the secretary National Assembly as respondents.

He further prayed that during the pendency of instant petition, the operation of impugned Official Secrets (Amendment) Act, 2023, and impugned Pakistan Army (Amendment) Act, 2023, may kindly be suspended, in the interest of justice.

President Alvi signs Army, Official Secrets Acts into law

It mentioned that President Dr Arif Alvi on August 20, 2023, shared a post on the X platform (formerly Twitter), in which, he wrote that he did not sign the Official Secrets (Amendment) Bill, 2023, and Pakistan Army (Amendment) Bill, 2023, as he disagreed with the two bills.

“As God is my witness, I did not sign Official Secrets Amendment Bill, 2023 & Pakistan Army Amendment Bill, 2023 as I disagreed with these laws. I asked my staff to return the bills unsigned within stipulated time to make them ineffective. I confirmed from them many times that whether they have been returned & was assured that they were. However, I have found out today that my staff undermined my will and command. As Allah knows all, He will forgive IA. But I ask forgiveness from those who will be affected,” wrote Dr Alvi.

The post came hours after news broke of the two laws being enacted.

The petitioner contended that Dr Alvi’s message on X platform clearly transpired that the President never assented to the Official Secrets (Amendment) Bill, 2023, and Pakistan Army (Amendment) Bill, 2023, rather, he disagreed with the bills.

Hence, publication of impugned Official Secrets (Amendment) Act, 2023 and impugned Pakistan Army (Amendment) Act, 2023 in the official gazette contrary to the constitutional provisions as enunciated under Article 75 of the Constitution, is unconstitutional, non-est, coram non-judice, without lawful authority and ultra vires to the constitution.

The petitioner further contended that the impugned amended Acts are otherwise contrary to the Articles 4, 9, 10-A, 19, and 19-A of the Constitution of Islamic Republic of Pakistan, 1973, which guarantees the protection of citizen’s freedom, due process, fair trial, and their basic fundamental and legitimate rights.

The impugned Acts are also contrary to the fundamental rights guarantees under Constitution of Islamic Republic of Pakistan, 1973, particularly the right to liberty, right to dignity, right to speech, and right to due process of law.

The impugned Official Secrets (Amendment) Act, 2023 and impugned Pakistan Army (Amendment) Act, 2023 have not been passed in accordance with the provisions as enunciated under the Constitution of Islamic Republic of Pakistan, 1973.

He further stated that the amendments introduced in the Official Secrets Act, which empower “secret agencies to raid and detain any citizen or enter and search any person in any place without obtaining a search warrant from any court of law,” are “unethical” and in violation of the Constitution.

Earlier, this week (September 7), the Sindh Bar Council (SBC) approached against the Official Secrets (Amendment) Bill, 2023 and the Pakistan Army (Amendment) Bill, 2023, praying to the Court to declare civilian trials under military courts unconstitutional.

The SBC’s petition stated that the charging the accused persons 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 and is a colourable exercise of power and without jurisdiction.

Advocate Zulfiqar Ahmed Bhutta, on August 22, had also filed a petition after the President Dr Arif Alvi’s revelation that he has not signed them, a confusion created about their fate. He asked the apex court to suspend the operation of Official Secrets (Amendment) Bill, 2023 and the Pakistan Army (Amendment) Bill, 2023.

Bhutta prayed the 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.”

Copyright Business Recorder, 2023