President should take responsibility for his actions: law ministry

The Ministry of Law and Justice issued a statement on Sunday expressing 'grave concern' over President Arif Alvi's recent tweet.

In a statement issued shortly after the president took to X, formerly Twitter, to distance himself from the Official Secrets (Amendment) Bill Act 2023, which was signed into law on August 19 (Saturday) along with the Pakistan Army (Amendment) Act 2023, the law ministry said that the president should "take responsibility for his own actions".

"As per Article 75 of the Constitution [of Pakistan], when a Bill is sent for assent, the President has two options: either give assent, or refer the matter to the parliament with specific observations. Article 75 does not provide for any third option. In the instant matter, neither of the requirements were fulfilled. Instead, the President purposely delayed the assent," read the statement.

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It added that returning the bills without any observation or assent is not an option provided in the Constitution.

"Such a course of action is against the letter and spirit of the Constitution. If the President had any observations, he could have returned the bills with his observations like he did in the recent and distant past. He could have also issued a press release to that effect," it stated, adding that it was a "matter of concern that the President had chosen to discredit his own officials".

'As God is my witness'

Earlier on Sunday, President Alvi took to X to say that he had been betrayed by his staff and had not signed the two bills into law.

"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," he said.

"I asked my staff to return the bills unsigned within the stipulated time to make them ineffective," he added, "I confirmed from them many times whether they have been returned and was assured that they were. However, I have found out today that my staff undermined my will and command".

The president then went on to "ask forgiveness from those who will be affected" by the development.

The Official Secrets (Amendment) Act 2023 and the Pakistan Army (Amendment) Act 2023 were notified as having been passed into law on Saturday reportedly after Alvi gave the green-light.

Controversial legislation

According to the Official Secrets (Amendment) Bill, a person will be guilty of an offense if he intentionally creates a problem of public order or acts against the state.

In addition, if a person attacks or damages a prohibited place and the purpose of this is to directly or indirectly benefit the enemy, then it is also punishable.

Under the said amendment bill, the accused will be tried in a special court and a decision will be taken after completing the hearing within 30 days.

Meanwhile, the Army Act has provisions relating to retirement of military personnel. According to this law, no military personnel will be able to participate in any political activity for two years after retirement, resignation or dismissal, while military personnel or officers performing duties related to sensitive nature of duty shall not participate in political activities for five years after termination of service.

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A retired army officer found guilty of violating the Army Act will be punished with imprisonment for a term of up to two years. Also, if any serving or retired army personnel scandalises or ridicules the army on digital or social media, he will be punished under the Electronic Crimes Act.

According to the said law, any serving or retired officer who causes defamation of the army or spreading hatred against it will be punished with imprisonment of two years and fine under the Army Act.

Both pieces of legislation were rife with controversy when they were first moved. After approval from the National Assembly, both the bills were presented in the Senate. The treasury members criticised the bills, after which the Senate chairman referred the bills to the standing committee.

Later, some controversial clauses of the two bills were taken out and the bills were re-presented in the Senate. After approval, they were sent to President Alvi for his signature.