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Official Secrets Act, Army Act challenged in SC
The Sindh Bar Council (SBC) on Wednesday approached the Supreme Court against the trial of civilians in military courts. It has also challenged the Pakistan Army (Amendment) Act, 2023 and the Official Secrets (Amendment) Act, 2023. The development comes days after President Dr Arif Alvi stirred controversy by claiming that he had not signed the […]
The Sindh Bar Council (SBC) on Wednesday approached the Supreme Court against the trial of civilians in military courts. It has also challenged the Pakistan Army (Amendment) Act, 2023 and the Official Secrets (Amendment) Act, 2023.
The development comes days after President Dr Arif Alvi stirred controversy 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. The 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 time frame 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.
The SBC, in its petition, stated that the charging the accused persons in relation to the various acts of violence during the May 9 and 10 attacks throughout Pakistan under the Official Secrets Act 1923 and the Pakistan Army Act 1952 is, apart from being unconstitutional, patently beyond the scope of the said acts and is a colourable exercise of power and without jurisdiction. The petitioner urged the court to declare that the trial of civilians under military laws and before military tribunals violates the Constitution and Pakistan’s international treaty and convention obligations and cannot be countenanced under any circumstances. The petition asked the top court to strike down Sections 2(d), 59 (4) and 94 of the Pakistan Army Act 1952 and Section 2 (dd), 71 (3) and 123 of the Pakistan Air Force Act 1953 and Section 2 (3), 78 (3) and 107 of the Pakistan Navy Ordinance 1961. “The purported Pakistan Army (Amendment) Act 2023 and the purported Official Secrets (Amendment) Act, 2023 lack presidential assent under Article 75 (1) of the Constitution and are a nullity, and may not be accorded the status of law under Article 75 (3) of the Constitution,” it said.
Alternatively, it urged the court to declare that the Pakistan Army (Amendment) Act 2023 and the Official Secrets (Amendment) Act, 2023 are “ultra vires” (beyond the powers) of the Constitution as they purport to further extend the reach of military laws and military tribunals over civilians (including retired military personnel) and to this extent are of no legal effect.
