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President Alvi neither approved nor expressed 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 to 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.

Dunya News reported that the response comes after the president surrendered his services to the Establishment Division. In a social media post, Mr Alvi wrote: “In view of the definite statement of yesterday, President’s Secretariat has written a letter to Principal Secretary to Prime Minister that the services of Mr. Waqar Ahmed, Secretary to President, are no more required and are surrendered to the Establishment Division, immediately”.

In a letter to the president, the secretary categorically stated, “Neither delayed above mentioned two bills nor committed any irregularity or negligence”. He said that the Prime Minister’s advice regarding Army Act was received on Aug 2 and time of 10 days was completed on Aug 11”.

“The Honourable President neither assented the Bill nor gave written decision for returning the Bill for reconsideration by the Parliament. The said file has not been returned to the Office of Secretary todate i.e. 21-08-2023,” the letter reads.  Regarding the bill titled the Official Secrets (Amendment) Bill, 2023, he said it was received in the Presidency on the evening after close of office hours on August 8.

“The Said Bill was submitted to the Honourable President on File No. 5(204)/NA/D(E)/23. File was moved from the office of Secretary vide Diary No. 196-S dated 09-08-2023 to the Office of Honourable President. It was stated in para 3 of Note that in terms of Article 75 of the Constitution, when a Bill is presented to the President for assent, the President has powers, within ten days, to assent the Bill or return the Bill to the Parliament for reconsideration.”

He added the period of the ten days completed on August 17 and the “President neither assented the Bill” nor sent it back to the parliament.  “The above facts and movement of two above mentioned files clearly indicate that I neither delayed above mentioned two Bills nor committed any irregularity or negligence. The said files are still lying in the office of Honourable President as of today i.e. 21-08-2023, therefore, the Honourable President’s judgment/decision to surrender services of Secretary to the Establishment Division is not based on justice,” he maintained.

Mr Ahmad requested the president to order an inquiry by the Federal Investigation Agency or any other agency to probe the facts and fix the responsibility for any lapse if committed by any officer or official.  “If Supreme Court or any Court calls me for clarification on the subject Bills, I will present record to prove my innocence,” he wrote.

“You [president] are aware of all the facts about above mentioned two Bills and reality is that I am neither responsible for delay nor undermined office of the Honourable President. I can give my statement on oath,” he said while asking him to withdraw his decision of surrendering his services to the Establishment Division.

President denies signing bills

A day earlier, President Alvi said that he did not sign Official Secrets Amendment Bill 2023 and Pakistan Army Amendment Bill 2023 as he disagreed with these laws. On social media platform X, previously known as Twitter, the president said he had asked his 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. However I have found out today that my staff undermined my will and command,” the president added.  The statement comes after it emerged that the president has signed both bills into law.

On July 31, the National Assembly had passed the Pakistan Army (Amendment) Bill, 2023 with an aim to penalise individuals with a potential five-year imprisonment term for disclosing sensitive information concerning national security or the armed forces.  Separately, the Official Secrets Act got the Lower House’s nod just a few days before the dissolution of the National Assembly on Aug 7.

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