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President denies signing bills amending Official Secrets Act, Army Act: Alvi’s belated tweet plunges

country into constitutional controversy
by Asim Yasin in The News, August 21, 2023
ISLAMABAD: In a twist of events on Sunday, President Dr Arif Alvi denied signing the Official Secrets Amendment bill 2023 and Pakistan Army Amendment Act 2023 and claimed that he had found out that his staff had undermined his will and command.

He also tendered an apology to those who would be affected by the passage and implementation of these laws.

He took to social media platform X (previously Twitter) with a post saying, “As God is my witness, I did not sign [the] Official Secrets Amendment Bill 2023 & Pakistan Army Amendment Bill 2023, as I disagreed with these laws.”

He posted that he had asked his staff to return the bills unsigned within the stipulated time period to make them ineffective. “I confirmed from them many times whether they [bills] have been returned, & [I] was assured that they were [sent back]. However, I have found out today that my staff undermined my will and command,” claimed the president.

Arif Alvi wrote, “As Allah knows all, He will forgive IA [Insha-Allah]. But I ask forgiveness from those who will be effected [affected].”

The statement opened a Pandora’s box as immediately after the post, the Ministry of Law and Justice said in a press statement that it had noted with grave concern the president’s recent tweet.

The ministry’s statement said that as per Article 75 of the Constitution, when a bill is sent for assent, the president has two options: either give assent, or refer the matter to the parliament with specific observations. The Article 75 does not provide for any third option.

It stated that in the instant matter, neither of the requirements were fulfilled. Instead, the president purposely delayed the assent. The statement said returning of bills without any observations or assent is not provided for in the Constitution. “Such a course of action is against letter and spirit of the Constitution,” it stated.

It said that if the president had any reservations, he could have returned the bills with his observations like he did in the recent and distant past. “He could have also issued a press release to that effect,” the statement added.

The statement said, “It is a matter of concern that the president has chosen to discredit his own officials. The President should take responsibility for his own actions.”…….

Meanwhile, the Official Secrets Amendment bill 2023 and Pakistan Army Amendment Act 2023 were published in the official gazette and also posted on websites of the Senate and National Assembly. The notifications about both laws were notified on official gazette on August 18.
https://www.thenews.com.pk/print/1102086-official-secrets-act-pakistan-army-amendment-act-president-denies-signing-bills-tenders-apology