ISLAMABAD: PTI Chairman Imran Khan has approached the Supreme Court to declare the amendments to the Official Secrets Act and the Pakistan Army Act as unconstitutional.

The petition, filed on Saturday, urged the court to suspend the implementation of the amendments while the case was being heard. This is the second petition on the same subject after the Sindh Bar Council (SBC) submitted a similar plea on Sept 6 stating that both legislation lacked the president’s assent and thus remained bills and not law.

Separately, a six-judge Supreme Court bench, headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial, was also hearing a set of petitions challenging the trial of civilians in military courts. At the last hearing on Aug 3, the case was adjourned for an indefinite period.

Moved through Advocate Shoaib Shaheen, the plea by Mr Khan argued that a bill cannot be an act of the parliament until the president approves it under Article 75 of the Constitution.

Argues bill can’t become act of parliament until president assents under Article 75

On Aug 20, President Dr Arif Alvi claimed he had not signed the two bills as he disagreed with them.

In a post on social media platform X, formerly Twitter, the president said he confirmed many times from his staff whether the bills were returned within the stipulated time and was assured that such was the case.

While referring to President Alvi’s statement, the petitions claimed that the publishing of the two bills in the official gazette was contrary to Article 75 of the Cons­titution and therefore “unconstitutional, non-est, coram non-judice, without lawful authority and ultra vires to the Constitution”.

Mr Khan’s petition contended the amended acts were otherwise contrary to 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 people’s basic fundamental and legitimate rights.

The bills 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 since these have not been passed in accordance with the provisions as enunciated under the Constitution.

The petition contended that the changes to the Official Secrets Act have empowered the intelligence 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, which was not only unethical but in violation of articles 8, 9, 10, 10-A and 19 of the Constitution.

In its application on Sept 6, the SBC contended that since both pieces of legislation lacked presidential assent, they remain bills.

Published in Dawn, September 10th, 2023