ISLAMABAD: In a twist of events on Sunday, President Dr Arif Alvi denied signing the Official Secrets Amendment bill 2023 and Pakistan Army Amendment Act 2023 and claimed that he had found out that his staff had undermined his will and command.
He also tendered an apology to those who would be affected by the passage and implementation of these laws.
He took to social media platform X (previously Twitter) with a post saying, “As God is my witness, I did not sign [the] Official Secrets Amendment Bill 2023 & Pakistan Army Amendment Bill 2023, as I disagreed with these laws.”
He posted that he had asked his staff to return the bills unsigned within the stipulated time period to make them ineffective. “I confirmed from them many times whether they [bills] have been returned, & [I] was assured that they were [sent back]. However, I have found out today that my staff undermined my will and command,” claimed the president.
Arif Alvi wrote, “As Allah knows all, He will forgive IA [Insha-Allah]. But I ask forgiveness from those who will be effected [affected].”
The statement opened a Pandora’s box as immediately after the post, the Ministry of Law and Justice said in a press statement that it had noted with grave concern the president’s recent tweet.
The ministry’s statement said that as per Article 75 of the Constitution, 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. The Article 75 does not provide for any third option.
It stated that in the instant matter, neither of the requirements were fulfilled. Instead, the president purposely delayed the assent. The statement said returning of bills without any observations or assent is not provided for in the Constitution. “Such a course of action is against letter and spirit of the Constitution,” it stated.
It said that if the president had any reservations, 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,” the statement added.
The statement said, “It is a matter of concern that the president has chosen to discredit his own officials. The President should take responsibility for his own actions.”
Separately, Caretaker Minister for Law and Justice Ahmed Irfan Aslam said Sunday under Article 75 of the Constitution, a bill automatically becomes a law if the president does not approve or reject it within the stipulated time period of 10 days.
He was addressing a press conference along with Caretaker Minister for Information Murtaza Solangi here. The law minister said that the caretaker government had no political agenda and its mandate was also limited. He said that being the head of the Federation, “the president is revered in all of our hearts”.
He said: “The Pakistan Army (Amendment) Bill 2023 was received by the presidency on August 2, while Official Secrets (Amendment) Bill reached there on August 8, after being passed by the two houses of the parliament.” Before today, “no such situation has come before us that anything has returned from the Presidency without the signatures of the president,” he said.
The law minister said that these two bills have not been received back from the President’s Office despite Article 75 of the Constitution clearly provides a period of 10 days in order to avoid any political ambiguity. “If the President does not exercise the authority within the given time period, the bill is considered to be approved and automatically becomes a law as per the Constitution,” he opined.
Caretaker Minister for Information and Broadcasting Murtaza Solangi said a clarification issued by the Ministry of Law and Justice had removed the ambiguity, created by a statement posted by President Dr Arif Alvi on its personal account on X regarding signing of two legislations. “The president is the head of the state, and his position demands respect. No one should expect that we would speak against the respect of the president,” said the information minister while addressing a news conference here.
The minister said there was no need to politicise the caretaker government’s efforts that were aimed at removing ambiguity on important matters.
To a query, Solangi said he did not have any knowledge about the president’s intentions and desires, particularly concerning his continuation in office. Institutions existed in the country for enforcement of laws, and a complete system was in place to ensure provision of rights to citizens and uphold the supremacy of the Constitution and laws, the minister said in response to another question.
Meanwhile, the Official Secrets Amendment bill 2023 and Pakistan Army Amendment Act 2023 were published in the official gazette and also posted on websites of the Senate and National Assembly. The notifications about both laws were notified on official gazette on August 18.
