New Delhi: Pakistan President Arif Alvi Sunday claimed that he did not sign two controversial Bills that were passed by the Parliament of Pakistan the same day.
The Bills — Official Secrets (Amendment) Bill 2023 and the Pakistan Army (Amendment) Bill 2023 — have been widely criticised for curbing the freedom of expression and political participation of the citizens and ex-servicemen of Pakistan.
President Alvi took to the social media platform X (formerly Twitter), to deny his assent to the Bills and said that he “disagreed with these laws” and that he instructed his staff to “return the bills unsigned within stipulated time to make them ineffective”.
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…
— Dr. Arif Alvi (@ArifAlvi) August 20, 2023
“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,” his post on X added.
The Ministry of Law and Justice of Pakistan reportedly issued a statement Sunday expressing “grave concern” over Alvi’s posts on the social media platform X and said the President should “take responsibility for his own actions.”
The Official Secrets (Amendment) Bill 2023 and the Pakistan Army (Amendment) Bill 2023 reportedly came into force on 20 August, after being approved by both houses of the Parliament of Pakistan and allegedly receiving Presidential assent.
The proposed amendments to the Official Secrets Act has broadened the definitions of military installations and brought digital and modern means of communications under its ambit, according to a report by Dawn — a Pakistan-based English newspaper.
The amendments to the Pakistan Army Act allows for rigorous imprisonment up to five years to any person guilty of disclosing information, acquired in an official capacity that is or may be prejudicial to the security and interest of Pakistan or the Armed forces, the Dawn report added.
President Alvi also reportedly returned dozens of Bills for reconsideration by the Parliament on 16 August, which included amendments to the Code of Criminal Procedure, enhancing punishment to those who disrespect the Holy Prophet, his companions and other religious figures.
Other Bills included amendments to the Press, Newspapers, News Agencies and Books Registration Act, the protection of Journalists and Media Professionals Bill, and the National Commission for Human Development Act. These Bills were passed during the end of the Pakistan Muslim League (Nawaz) led government term, the Dawn reported.
The President’s comments came a day after the Federal Investigation Agency (FIA) of Pakistan reportedly picked up Shah Mehmood Qureshi, a former foreign minister of Pakistan and senior leader of the Imran Khan led Pakistan Tehreek-e-Insaf (PTI) political party.
He was arrested under the Official Secrets Act, according to an FIR filed on 15 August and reported by media in Pakistan. The case was reportedly filed after a US-based news outlet The Intercept published what was claimed to be the diplomatic cable, which had reportedly gone missing from Khan’s possession.
Qureshi reportedly addressed a news conference at the National Press Club in Islamabad minutes before his arrest by the FIA, where he demanded a level playing field be provided to the PTI in the upcoming elections.
According to media reports, the Bills have been opposed by various civil society groups, human rights activists, journalists, and opposition parties in Pakistan. They have argued that the Bills violate the fundamental rights of freedom of speech, expression, association, and assembly guaranteed by the Constitution of Pakistan. They have also raised concerns over the lack of transparency and accountability in the legislative process and the role of the president in signing or rejecting the Bills.
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Amendments to Official Secrets Act
The two Bills in question were approved by the National Assembly of Pakistan and then presented to the Senate of Pakistan. The Senate referred the Bills to a Standing Committee after criticism from the treasury bench, according to a report by the Express Tribune, a Pakistan-based English newspaper.
Certain controversial clauses were reportedly removed from the Bills and represented to the Senate, following which the Bills were passed and sent to the President of Pakistan for his assent.
According to the Dawn report, the amendments to the Official Secrets Act could bring vloggers and bloggers under the ambit of the Act. The Parliament of Pakistan has also expanded the definition of a “document” — “any written, unwritten, electronic, digital, or any other tangible instrument” related to the military’s procurement or capabilities.
Similarly the definition of an “enemy” introduced in the proposed amendment states that, “any person who is directly or indirectly, intentionally or unintentionally working for or engaged with a foreign power… guilty of a particular act… prejudicial to the safety and interest of Pakistan,” the Dawn reported. Section 6-A of the amendment also creates a new offence for the unauthorised disclosure of identities of members of the intelligence agencies.
Amendments to the Army Act
According to reports, the amendments to the Army Act would forbid any ex-servicemen of the Pakistani Army to engage in any political activity for two years from the date of their exit from the service via retirement, resignation, discharge, release, removal or dismissal from the service.
Furthermore, the amendments would also prohibit those tasked with sensitive duties and subject to the Army Act from engaging in political activity during a period of five years after their exit from the service.
A retired Army officer found guilty of violating the Army Act would be liable for imprisonment for a term of up to two years, the Express Tribune reported.
(Edited by Richa Mishra)
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