On a Saturday, former Prime Minister and Chairman of the PakistanTehreek-e-Insaf (PTI) party, Imran Khan, took a significant step bysubmitting a constitutional petition to the Supreme Court (SC) regardingthe 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 inthe case, asserting that they violated Articles 8, 10, and 19 of theConstitution.
Interestingly, just three days prior to this, on September 6, 2023, theSindh Bar Council (SBC) had already approached the SC, expressing itsconcerns about the trial of civilians in military courts.
Their petition contended that charging accused individuals under theOfficial Secrets Act 1923 and the Pakistan Army Act 1952 for acts ofviolence on May 9 and May 10 throughout Pakistan was not onlyunconstitutional but also a misuse of power. The SBC urged the court todeclare this practice in violation of both the Constitution and Pakistan’sinternational treaty obligations.
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The roots of this controversy can be traced back to President Arif Alvi’sstatement on August 20, 2023, in which he stated that he had not signedthese bills. The president attributed the confusion to actions taken by hisstaff. This revelation triggered widespread chaos and uncertainty withinthe country, leading to Imran Khan’s subsequent legal actions.
The unfolding situation in Pakistan regarding these Acts and their allegedunconstitutionality continues to be a matter of significant concern anddebate
