President among respondents in petition challenging ‘human rights violation’ in recent clauses
islamabad
Former prime minister Imran Khan challenged in the Supreme Court (SC) on Saturday amendments made to the Official Secrets Act and Pakistan Army Act.
Advocate Shohaib Shaheen filed a petition against recent amendments to Army Act 1952 under Article 184 of the Constitution of Pakistan on behalf of the Pakistan Tehreek-e-Insaf (PTI) chairperson.
The petition contends that the new clauses are in violation of human rights.
President and PTI member Dr Arif Alvi, the Government of Pakistan and the National Assembly have been listed as respondents in the petition, which prays the court to declare amendments in both laws unconstitutional and annul the same.
It mentions that Dr Alvi has stated on social media that he did not give his approval for both these laws to be passed.
Controversial clauses
The Pakistan Army Act 1952 and Official Secrets Act 1923 were amended last month after passing through the lower and upper houses and reportedly the President’s Office.
Among other clauses, Official Secrets (Amendment) Act 2023 renders a person guilty of an offense if they intentionally create a problem of public order or act against the state.
They will also be liable to punitive action if they attack or damage a “prohibited place” with aim to “directly or indirectly benefit the enemy”.
Those implicated will be tried in a special court and a decision will be taken after completing the hearing within 30 days, under the amended law.
Meanwhile, Army Act (Amendment) Act 2023 includes provisions related to retired military personnel, among others.
Under the amended law, no military personnel can participate in any “political activity” for up to two years after “retirement, resignation or dismissal”, while military personnel or officers performing duties related to “sensitive nature” cannot participate in political activities for “five years after termination of service”.
A retired army officer found guilty of violating Army Act 2023 may be imprisoned for a term of up to two years.
Moreover, if any serving or retired army personnel scandalises or ridicules the army on digital or social media, he can be punished under Prevention of Electronic Crimes Act (PECA).
According to the said law, any serving or retired officer who “causes defamation of the army” or “spreads hatred against the institution” will be punished with “imprisonment of two years and fine under the Army Act”.
Imran’s petition
The petition filed before the apex court on behalf of the PTI chief lists out the process for a bill to be enacted into law, which requires the approval of the Senate, National Assembly and finally assent by the President.
It mentions Dr Alvi’s tweet, posted on X, formerly Twitter on August 20, 2023, wherein he explicitly states his contention with the amendments enacted into law and denies having signed the two bills.
“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 effected,” wrote Dr Alvi.
The tweet came hours after news broke of the two laws being enacted.
