PTI chairman challenges Official Secret Act, Pakistan Army Act before SC

Islamabad:  Pakistan Tehreek-e-Insaf (PTI) Chairman and former Prime Minister Imran Khan on Saturday initiated a legal challenge against recent amendments to the Official Secrets Act and the Pakistan Army Act in the Supreme Court of Pakistan.

Through his advocate, Shohaib Shaheen, Imran Khan filed a petition in the apex court, invoking Article 184 of the Constitution of Pakistan. The petition asserts that the newly introduced clauses are in violation of human rights.

The respondents listed in the petition include President Dr. Arif Alvi, a member of PTI, the Government of Pakistan, and the National Assembly. The petition requests the repeal of both the Official Secrets Act and the Army Amendment Act.

The petition contends that "The Army Amendment Act and the Official Secrets Act were not signed by the President. The Army Amendment Act and the Official Secrets Act were contrary to Article 10A, Article 8, and Article 19."

Earlier, President Arif Alvi publicly denied signing the Official Secrets (Amendment) Bill 2023 and the Pakistan Army Act (Amendment) Bill 2023. President Alvi made this assertion on a platform previously known as Twitter, stating that he disagreed with these laws and had directed his staff to return the unsigned bills within the specified timeframe to render them ineffective.

Both bills were passed by Parliament during the coalition government's tenure and were sent to President Alvi for ratification.

The Army Amendment Act introduces severe penalties of up to five years for the unauthorized disclosure of information obtained in the interest of national security and in an official capacity, with exceptions granted when disclosure is approved by the Army Chief or an empowered officer. The bill also restricts officials covered by the law from engaging in political activities within two years of retirement, resignation, or dismissal. Additionally, individuals involved in electronic crimes aimed at defaming the Pakistan Army will face prosecution under electronic crime laws.

Regarding the Official Secrets Act, the bill's Statement of Objects and Reasons underscores the need to amend the 1923 act to enhance its effectiveness in the context of evolving social dynamics, ensuring the safety and security of official documents.

The amended Section 3 of the bill outlines offenses, including approaching, inspecting, or entering prohibited places with intent, creating sketches or notes useful to an enemy, and obtaining, collecting, or communicating secret official codes or passwords.

Meanwhile, an amendment to Section 9 stipulates punishments, including imprisonment for up to three years, fines of up to one million, or both, for individuals inciting, conspiring, or attempting to commit offenses under the act.