Staff accused of undermining ‘will and command’: President claims had returned two bills without signing them

ISLAMABAD: In an apparently alarming disclosure, President of Pakistan Dr Arif Alvi has revealed that he has not signed into law the Official Secrets (Amendment) Bill 2023 and Pakistan Army (Amendment) Bill 2023— and that he returned these bills unsigned since he disagrees with the two bills—but, the president’s staff, according to him, has “undermined” his “will and command.”

“As God is my witness, I did not sign Official Secrets Amendment Bill 2023 & Pakistan Army Amendment Bill 2023 as I disagreed with these laws. I asked my staff to return the bills unsigned within stipulated time to make them ineffective. I confirmed from them many times that whether they have been returned & was assured that they were,” the president tweeted on Sunday.

“However, I have found out today that my staff undermined my will and command. As Allah knows all, He will forgive IA. But I ask forgiveness from those who will be affected,” the tweet added.

President Alvi signs Army, Official Secrets Acts into law

The president’s revelation sent shockwaves across the socio-political spectrum in Pakistan with many questioning the state of affairs in the country keeping in view that none other the head of state; the highest ranking official, disclosed that his directions regarding the two legislative drafts were not followed at all.

Following the president’s disclosure, Pakistan Tehreek-e-Insaf (PTI) announced in a statement to take the matter to Supreme Court.

The PTI expressed its gratitude to the president for “rising above fears and taking a stand for the constitution and law, the fundamental rights of citizens and the survival and security of democracy and the Parliament.”

PTI demanded a thorough probe into this debacle and action against the officials of the presidency who did not follow president’s directives.

Article 75 deals with president’s assent to the legislative bills. It provides that when a bill is presented to the president for assent, the president shall, within 10 days, assent to the bill; or in the case of a bill other than a money bill, return the bill to Parliament with a message requesting that the bill or any of its specified provision be reconsidered and that any amendment specified in the message be considered.

The article further provides that when the president has returned a bill to Parliament, it shall be reconsidered by the Parliament in joint sitting and, if it is again passed, with or without amendment, by the Parliament, by the votes of the majority of the members of both houses present and voting, it shall be deemed to have been passed by both houses and shall be presented to the president, and the president shall give his assent within 10 days, failing which such assent shall be deemed to have been given.

When the president has assented (or is deemed to have assented) to a bill, it shall become law and be called an act of parliament, the Article 75 reads.

However, given that National Assembly stood dissolved on August 9, the bills not signed by president can only be reconsidered by the Parliament once the new NA is in place.

Last week, the president returned over a dozen bills for parliament’s reconsideration without signing them. These bills did not include the Official Secrets (Amendment) Bill 2023 and Pakistan Army (Amendment) Bill 2023.

The Official Secrets (Amendment) Bill 2023 empowers the intelligence agencies with blanket powers in course of their operations. It was passed by the Senate and NA earlier this month amidst strong concerns shown by the lawmakers from several political parties.

Also passed by the Parliament, Pakistan Army (Amendment) Bill 2023 has also met strong criticism from public and political circles. It proposes “rigorous” imprisonment extendable up to five years for “anyone who discloses or causes to be disclosed any information, acquired in official capacity, which is or may be prejudicial to the security and interest of Pakistan or the armed forces of Pakistan.”

Copyright Business Recorder, 2023