President Alvi stirred a controversy after denying personally signing two pieces of legislation – Official Secrets (Amendment) Act 2023 and the Pakistan Army (Amendment) Act 2023.
A petition has filed by Advocate Zulfiqar Bhutta in the apex court urging the court to conduct an inquiry into the issue. The petitioner has made the federal government respondent in the case. The
The petition said a crisis situation has emerged after the president said he did not sign the bills. It said questions are being raised regarding the legislation after the President’s statement.
The petitioner sought a restraining order against enforcement of the two laws till the plea remains pending. The petition said it is likely that the proceedings under the law would not be maintainable.
There is also a possibility that the accused under the Official Secrets and Army Act Amendment Acts will be acquitted, it added, adding that dubious legislation is contrary to Article 4 of the Constitution.
The petition request to suspend the implementation of the Army Act and the Official Secrets Amendment Rules pending a decision on the application.
Earlier, a similar petition was filed in the Lahore High Court challenging the Official Secrets Act. The plea filed by Advocate Muhammad Muqsit Saleem asserted that the president had not signed the bill, casting doubts on its validity and procedural correctness.
The applicant stated that the act was not passed in accordance with the proper legislative procedure and requested the court to suspend the Act until a final decision.
President Alvi had denied signing two pieces of legislation a day after they became acts of parliament. He pointed the finger at his staff, saying he was duped by the presidency staff who did not return the said “unsigned” bills despite repeated his directives.
“As God is my witness, I did not sign Official Secrets Amendment Bill, 2023 and Pakistan Army Amendment Bill, 2023 as I disagreed with these laws,” the president said.
He claimed he had asked his staff to return the bills unsigned within the stipulated time to make them “ineffective”, but his staff did not do so and lied that the bills had been returned.
“I confirmed from them many times whether they [the bills] have been returned and 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 Insha’Allah. But I ask forgiveness from those who will be affected,” the president had written on X.
Hours after President Alvi’s statement, a gazette notification issued by the Senate Secretariat surfaced, stating that the two bills were “deemed to have been assented by the president”.