On Sunday, the Ministry of Law and Justice released a statement expressing ‘deep worry’ over President Arif Alvi’s recent tweet.
The law ministry issued a statement saying the president should “take responsibility for his own actions” after he used X, formerly Twitter, to distance himself from the Official Secrets (Amendment) Bill Act 2023, which was signed into law on August 19 (Saturday) along with the Pakistan Army (Amendment) Act 2023.
According to Article 75 of the Constitution of Pakistan, the President has the discretion to either sign a bill into law or send it back to parliament with comments. There is no third choice available under Article 75. Neither condition was met in this particular instance. As the statement put it, “instead, the President deliberately delayed the assent.”
It further stated that there is no provision in the Constitution for returning the measures without any comments or consent.
“Both the language and the spirit of the Constitution forbid such a course of action. Like in the recent and distant past, the President may have returned the bills with his observations if he had any. It further claimed that “it is a matter of concern that the President had chosen to discredit his own officials” and that “he could have also issued a press release to that effect.”
To the glory of God, I swear
On Sunday morning, President Alvi went on X to explain why he had not signed the two legislation into law. He said that he had been duped by his staff.
“As God is my witness, I did not sign Official Secrets Amendment Bill 2023 & Pakistan Army Amendment Bill 2023 because I disagreed with these laws,” he declared.
“I asked my staff to return the bills unsigned within the stipulated time to make them ineffective,” he continued, “I confirmed from them many times whether they have been returned and was assured that they were.” Today, however, I learned that members of my team have been working to undermine my authority.
The president went on to “ask forgiveness from those who will be affected” by the change.
According to reports, Alvi gave the go-ahead on Saturday for the Official Secrets (Amendment) Act 2023 and the Pakistan Army (Amendment) Act 2023 to become law.
A contentious piece of law
The Official Secrets (Amendment) Bill would make it illegal for anybody to wilfully disrupt public safety or actively work against the interests of the state.
Attacking or destroying a restricted area with the intent to provide direct or indirect aid to the enemy is also a crime.
According to the proposed modification, the trial of the accused will take place in a dedicated court, and a decision will be rendered within 30 days after the conclusion of the hearing.
Meanwhile, the Army Act includes retirement-related requirements. This law states that military personnel are prohibited from engaging in any political activity for a period of two years following retirement, resignation, or dismissal, and that military personnel or officers engaged in sensitive nature of duty are prohibited from engaging in any political activity for a period of five years following termination of service.
If a former army officer is found guilty of breaking the Army Act, he or she faces up to two years in prison. In addition, the Electronic Crimes Act will be enforced against any active or former military member who defames or mocks the military online or via social media.
The Army Act provides for imprisonment for two years and the payment of a fine for any active or former officer who causes defamation of the army or spreads hatred against it.
When these bills were first introduced, they were met with widespread opposition. Both proposals received approval from the National Assembly before being introduced to the Senate. After hearing the treasury members’ complaints about the legislation, the Senate chairman sent them to the standing committee for further review.
The two proposals were revised to remove contentious provisions before being reintroduced to the Senate. They were passed on for President Alvi’s signature after final approval.
