Govt should seek SC opinion on status of two laws, prays petitioner
Pakistan
Petitioner Bhutta says govt should invoke Article 186 within 10 days
ISLAMABAD (Web Desk) - The apex court has been urged through a petition to ask the federal government to seek its opinion about legal status of Official Secrets Act (OSA) and the Pakistan Army Act (PAA) in the backdrop of President Dr Arif Alvi’s statement that he had neither assented to the two bills nor specified the reasons for returning them to the Parliament for reconsideration.
A petition filed in the apex court on Tuesday through petitioner Advocate Zulfikar Ahmed Bhutta said fate of the two laws should be determined as president said he had neither assented to nor returned the bills.
Moreover, there was a likelihood that an accused facing trial under the two amended laws could seek acquittal by taking advantage of the ambiguity surrounding the law taking plea that it had lost its legal standing due to controversy, the lawyer told media.
Bhutta, through a three-page petition, contented that the Supreme Court should order the federal government to invoke Article 186 of the Constitution within 10 days.
Article 186 deals with the advisory jurisdiction of the top court, which the government can invoke at any time by sending a reference to the apex court for seeking its opinion on the question of law regarding the legal status of the bills, especially in view of Articles 71 and 75 of the Constitution.
The petition has been filed under Article 184(3) of the Constitution by invoking the original jurisdiction of the Supreme Court for the enforcement of fundamental rights.
Also Read: President Alvi neither approved nor gave written orders for returning army, secrets bills: secretary
Waqar Ahmad, the secretary to the president, on Monday trashed the allegations levelled by President Arif Alvi that his “will and command” was defied by the staff in connection with the bills related to the Official Secrets Act and Pakistan Army Act. In his official statement, the secretary stated that President Dr Arif Alvi neither assented to the Official Secrets (Amendment) Bill, 2023, and the Pakistan Army (Amendment) Bill, 2023 nor gave a written decision for returning them to parliament for reconsideration.
