PTI chairman moves SC against Official Secrets Act, Army Act

ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) chairman and former prime minister on Saturday challenged amendments made to the Official Secrets Act and Pakistan Army Act in Supreme Court (SC), ARY News reported.

The PTI Chairman Imran Khan filed a petition in the apex court thought his advocate Shohaib Shaheen against recent amendments to Army Act 1952 under Article 184 of the Constitution of Pakistan.

The petition contends that the new clauses are in violation of human rights.

President and PTI member Dr Arif Alvi, the Government of Pakistan and the National Assembly have been listed as respondents in the petition, which prays repealing the Official Secrets Act and the Army Amendment Act.

“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 the Article 10A, Article 8 and Article 19,” it stated.

The controversy 

Earlier, President Arif Alvi denied signing Official Secrets (Amendment) Bill 2023 and Pakistan Army Act (Amendment) Bill 2023.

Arif Alvi took to X [formerly known as Twitter] and said God is his witness that he did not sign Official Secrets Amendment Bill 2023 and Pakistan Army Amendment Bill 2023 as he disagreed with these laws.

The president said he asked his staff to return the bills unsigned within the stipulated time to make them “uneffective”.

It is pertinent to mention here that both the bills were passed by the parliament during the tenure of the coalition government and were sent to President Alvi for ratification.

Army Act

According to the contents of the bill, unauthorized disclosure of information obtained in the interest of national security and interest in the official capacity will be severely punished for up to five years, the disclosure with the permission of the Army Chief or the empowered officer will not be punished.

The bill also said that officials that fall under the law will not be able to participate in political activities within two years of retirement, resignation or dismissal.

According to the bill, a person involved in electronic crime, whose purpose is to defame the Pakistan Army, will be prosecuted under electronic crime.

Official Secrets Act

According to the Statement of Objects and Reasons of the bill –  it is imperative to amend the Official Secrets Act 1923 and make it more effective in view of the changing social milieu to ensure safety and security of official documents.

Section 3 of the bill stated that a person shall commit an offence if he intentionally for any purpose “approaches, inspects, passes over or is in the vicinity of, or enters, attacks, destroys or otherwise undermines any prohibited place”

“The person shall commit an offence if he intentionally for any purpose makes any sketch, plan, model, or note which is calculated to be or might be or is intended to be, directly or indirectly, useful to an enemy,” it added.

It further stated that a person shall commit an offence if he obtains, collects, records or publishes or communicates to any other person any secret official code or password, or any electronic or modem device, sketch, plan which is calculated to be or might be useful to an enemy of the State.

Meanwhile, amendment of Section 9 stated that any person who incites to commit, conspires to commit, attempts to commit, shall be liable to punishment of imprisonment for a term which may extend to three years, or with fine which may extend to one million, or both.