On a Saturday, former Prime Minister and Chairman of the Pakistan Tehreek-e-Insaf (PTI) party, Imran Khan, took a significant step by submitting a constitutional petition to the Supreme Court (SC) regarding the Pakistan Army (Amendment) Act, 2023, and the Official Secrets (Amendment) Act, 2023.
In this petition, filed with the assistance of Advocate Shoaib Shaheen, Imran Khan appealed to the court to declare both Acts as 'unconstitutional' on the grounds that President Arif Alvi had not signed them. Additionally, he requested the court to suspend these laws until a verdict was reached in the case, asserting that they violated Articles 8, 10, and 19 of the Constitution.
Interestingly, just three days prior to this, on September 6, 2023, the Sindh Bar Council (SBC) had already approached the SC, expressing its concerns about the trial of civilians in military courts.
Their petition contended that charging accused individuals under the Official Secrets Act 1923 and the Pakistan Army Act 1952 for acts of violence on May 9 and May 10 throughout Pakistan was not only unconstitutional but also a misuse of power. The SBC urged the court to declare this practice in violation of both the Constitution and Pakistan's international treaty obligations.
The roots of this controversy can be traced back to President Arif Alvi's statement on August 20, 2023, in which he stated that he had not signed these bills. The president attributed the confusion to actions taken by his staff. This revelation triggered widespread chaos and uncertainty within the country, leading to Imran Khan's subsequent legal actions.
The unfolding situation in Pakistan regarding these Acts and their alleged unconstitutionality continues to be a matter of significant concern and debate