Imran moves SC against changes to Official Secrets Act, Army Act

ISLAMABAD: Former prime minister and Chairman Pakistan Tehreek-e-Insaf (PTI) Imran Khan Saturday requested the Supreme Court to declare unconstitutional the Official Secrets (Amendment) Act, 2023 and impugned Pakistan Army (Amendment) Act, 2023.

He filed a petition in the apex court under Article 184(3) of the Constitution through his counsel Muhammad Shoaib Shaheen, making the President of Pakistan, the Federation through its secretary, Ministry of Law and Justice, secretary Ministry of Interior and National Assembly through its secretary as respondents.

The former premier prayed to the apex court to declare the impugned Official Secrets (Amendment) Act, 2023 and Pakistan Army (Amendment) Act, 2023, as unconstitutional, non-est, coram non judice, without lawful authority and ultra vires to the Constitution, in the interest of justice.

He prayed that during the pendency of instant constitutional petition, the operation of impugned Official Secrets (Amendment) Act, 2023 and Pakistan Army (Amendment) Act, 2023 should be suspended.

Imran Khan submitted that a bill would not become an Act of the Parliament until and unless it received the assent of the President, adding that when a bill was presented to the President for assent, he should give his assent within 10 days; or in case of a bill, other than a money bill, return the bill to the Parliament with a message requesting that the bill or any specified provision thereof be reconsidered and that any amendment specified in the message be considered.

“In such a situation, the Parliament shall reconsider the bill in a joint sitting and, if it is again passed, with or without amendment by the Parliament, by the votes of the majority of the members of both Houses present and voting, it shall be deemed to have been passed by both Houses and shall be presented to the President again,” the PTI chairman submitted.

He submitted that the president should give his assent within 10 days, failing which such assent should be deemed to have been given, adding that when the president had assented (or is deemed to have assented) to a bill, it shall become a law and also be called as an Act of the Parliament.

The PTI chairman contended that on August 20, 2023 President Dr Arif Alvi shared a post on the X platform (formerly Twitter) in which he wrote that he did not signed the Official Secrets (Amendment) Bill, 2023 and Pakistan Army (Amendment) Bill, 2023 as he disagreed.

He cited the post of the President shared on X platform.

“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 whether they have been returned & was assured that they were. However, I have found out today that my staff undermined my will and command. As Allah knows all, He will forgive IA. But I ask forgiveness from those who will be [a]effected.”

“From bare reading of post shared by the president as mentioned, it clearly transpired that the president never assented to the Official Secrets (Amendment) Bill, 2023 and Pakistan Army (Amendment) Bill, 2023, rather he disagreed and even in his post he stated that he confirmed many times from his staff within stipulated time that whether they had been returned and was assured that they were,” the PTI chairman submitted.

Imran said that 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 of Islamic Republic of Pakistan, 1973, is unconstitutional, non-est, coram non judice, without lawful authority and ultra vires to the Constitution.

The former PM contended that the impugned amended Acts were otherwise contrary to the articles 4, 9, 10-A, 19 and 19-A of the Constitution of Islamic Republic of Pakistan, 1973, which guarantees the protection of citizen’s freedom, due process, fair trial and their basic fundamental and legitimate rights. He submitted that the impugned Acts were also contrary to the fundamental rights guarantees under the Constitution, particularly the right to liberty, right to dignity, right to speech and right to due process of law.

Similarly, he contended that 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.