PESHAWAR: The Peshawar High Court on Tuesday sought reply from the federal government to a petition challenging recent amendments made in the Official Secrets Act and Pakistan Army Act and trial of civilians under the two laws.

A bench consisting of Justice Abdul Shakoor and Justice Syed Arshad Ali after preliminary hearing directed that the federal law ministry should file reply to the petition filed by provincial convener of Insaf Lawyers Forum, Qazi Mohammad Anwar, who has also requested the court to suspend the implementation of the said amendments till final disposal of the petition.

Qazi Anwar argued that a bill could not become an act of the parliament unless the president gave assent to it under Article 75 of the Constitution, but in the present case the president had not given assent to any of the two bills -- Pakistan Army (Amendment) Bill, 2023, and Official Secrets (Amendment) Act 2023.

He stated that President Dr Arif Alvi in a post on a social media platform X, formerly twitter, had stated that he had not signed the two bills.

Insaf Lawyers Forum seeks suspension of amendments’ implementation till final disposal of petition

He contended that the publishing of the said two bills in the official gazette as acts of the Parliament was contrary to Article 75 of the Constitution and therefore unconstitutional and without lawful authority.

The petitioner argued that a civilian could not be tried under the Official Secrets Act.

He added that some of the suspects arrested in connection with the May 9 protests had been handed over to the military authority for trials by the military court, which was an unconstitutional and illegal act.

Qazi Anwar stated that if trials of civilians by military courts were permitted, it would affect every civilian in future.

He argued that the changes made to the Official Secrets Act were in violation to different constitutional provisions guaranteeing fundamental rights.

An additional attorney general Sanaullah Khan rebutted the petitioner’s contention and stated that the Official Secrets Act was clear on the matter as under it a civilian accused could be tried.

He argued that the president could have returned the two bills to the parliament for reconsideration in the stipulated time, but he didn’t do so due to which those bills turned into acts of the Parliament.

He also opposed the petitioner’s contention of staying trials by the military courts till final decision over the petition, stating that how could trials be suspended when laws permitted it.

BAIL GRANTED: A special anti-corruption court has granted bail to former MNA of PTI from Bajaur district, Gul Zafar Khan, arrested on charges of committing certain irregularities in developmental schemes and certain appointments made in government departments.

The senior special judge anti-corruption, Babar Ali Khan, pronounced the order after completion of arguments by both the sides.

The petitioner Gul Zafar was arrested on Sept 24 after an FIR was registered against him by the anti-corruption establishment (ACE) wherein several allegations were made against him.

The petitioner’s counsel argued that his client was falsely implicated in the instant case. He added that the petitioner was arrested on political grounds and there was no evidence on record to connect him with the commission of the offence.

Meanwhile, the court also extended till Oct 30 interim pre-arrest bail granted to five former lawmakers of PTI who were charged by the ACE of carrying out illegal appointments in the education department.

The petitioners included former MNAs, Fazal Mohammad Khan and Anwar Taj, and ex-MPAs Fazal Shakoor Khan (who had also remained provincial minister), Khalid Khan and Arif Ahmadzai.

Published in Dawn, October 18th, 2023