Imran challenges tweaks to army, secrets acts

Former premier says legislations not signed by president ultra vires the Constitution

ISLAMABAD:

Former prime minister Imran Khan has challenged the recently promulgated Pakistan Army (Amendment) Act, 2023 and the Official Secrets (Amendment) Act, 2023 in the apex court, contending that the amended laws are against the Constitution and should be annulled.

The PTI chief on Saturday filed a constitutional petition through Advocate Shaheen Shoaib under Article 184(3) of the Constitution, making the president, the federal government, and the National Assembly respondents.

Imran, who is currently detained at Attock Jail in connection with a case registered under the Official Secrets Act, 1923, requested the Supreme Court to suspend the operations of the laws until it makes a final decision in the case.

The constitutional petition asserted that President Dr Arif Alvi on Aug 20 revealed through a social media post that he had not signed the bills into acts and that his staff had not returned the bills to parliament despite his repeated instructions.

Read Official Secrets, Army Act amendment bills become law

“From bare reading of the post shared by the president… it clearly transpired that the president never assented to the Official Secrets (Amendment) Bill, 2023 and the Pakistan Army (Amendment) Bill, 2023, rather he disagreed…

“Even in his post, he stated that he confirmed many times from his staff within stipulated time whether they had been returned and was assured that they [had].

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…

— Dr. Arif Alvi (@ArifAlvi) August 20, 2023

“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,” it said.

The petitioner argued that the amended acts were also contrary to the articles 4, 9, 10-A, 19 and 19-A of the Constitution, which guarantee the protection of citizen’s freedom, due process, fair trial and their basic fundamental and legitimate rights.

The acts, he said, were also contrary to the fundamental rights guaranteed under the Constitution, 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 said.

The former premier contended that the Official Secrets (Amendment) Act, 2023 empowered the 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.

“[This] is not only unethical but also violative of articles 8, 9, 10, 10-A and 19 of the Constitution of Islamic Republic of Pakistan, 1973.”

He said the act was also violative of Article 8 of the Constitution which clearly provided that any law made inconsistent with or in derogation of fundamental rights shall be void.

The PTI chief also claimed that the Official Secrets (Amendment) Act, 2023 was violative of Article 9 of the Constitution, which guaranteed the security of citizens as no person shall be deprived of life or liberty save in accordance with law.

Read further: SC asked to suspend official secrets, Pakistan Army acts

He said the Official Secrets (Amendment) Act, 2023 was violative of Article 10 of the Constitution which safeguarded the citizen to arrest and detention.

“[It is] violative of Article 10-A of the Constitution which guarantees fair trial and due process [and] Article 19 which guarantees every citizen the right to freedom of speech and expression.

“The impugned acts are in violation to different provisions of the Constitution…and further the petitioner seeks leave to urge further grounds as and when the instant petition is taken up for hearing by this Hon’ble Court and further reserves a right to amend the petition,” he stated.

On Sept 6, the Sindh Bar Council (SBC) had moved the Supreme Court against the Pakistan Army (Amendment) Act, 2023 and the Official Secrets (Amendment) Act, 2023. The bar council had also challenged the trial of May 9 rioters in military courts.