SC asked to suspend official secrets, Pakistan Army acts

Petitioner contends amendments not only affect accused individuals but also general public


Our Correspondent August 22, 2023
Supreme Court of Pakistan. PHOTO: REUTERS/FILE

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ISLAMABAD:

A plea questioning the passage of two significant bills was filed at the Supreme Court on Tuesday, following President Dr Arif Alvi's revelation that he had not signed the legislation amending the Official Secrets Act and the Pakistan Army Act.

The petition, filed by Advocate Zulfiqar Ahmed Bhutta, sought the guidance of the top court on the matter.

The federal government has also been made a party in the plea.

It argued that both laws should be suspended until a final decision is reached in the case, as the amendments not only affect the accused individuals but also the general public.

The petitioner emphasises that the president's claims have created a "crisis" by casting doubt on the legality of proceedings under the amended acts.

The plea requested the SC to issue directives to the government within the next 10 days, clarifying the legal status of both the bills. It requested that "during the pendency of this petition, all actions in view of the Official Secrets Act, 2023 and Army Act, 2023 should be declared suspended".

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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

Meanwhile, the caretaker government 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.

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