LHC seeks replies to alleged misuse of Official Secrets Act

Lahore High Court's (LHC) Justice Shahid Bilal Hassan has sought replies from the authorities concerned in response to a plea challenging the Official Secrets (Amendment Act) of 2023, which has been exercised in an arbitrary and unconstitutional manner.

This is particularly concerning in cases of civil arrests following the extensive empowerment of law enforcement agencies with arrest powers.

The petitioner, Muhammad Muqsit Saleem, has requested the court to declare the impugned act as ultra vires of the constitution of Pakistan.

Additionally, the petitioner has prayed for the court to direct the respondents – including the Federation of Pakistan through its interior secretary, the Ministry of Law and Justice through its secretary, the National Assembly of Pakistan through its secretary, and the Election Commission of Pakistan (ECP) through its commissioner – to refrain from carrying out any arrests, conducting raids and confiscations under the impugned Act without judicial oversight until the disposal of this writ petition.

The petitioner also seeks the suspension of the operation of the impugned Act until the court decides on the matter.

The petitioner argues that the government hastily passed the Official Secrets (Amendment Act) of 2023, leading to the arbitrary exercise of arrest powers. These powers, conferred by the outgoing parliament, have resulted in a grave violation of fundamental rights guaranteed by the constitution of Pakistan.

The violations primarily concern the right to liberty, the right to dignity, and the right to due process of law.

Published in The Express Tribune, August 10^th, 2023.