The Lahore High Court (LHC) has recently issued notices to the federal government in response to a petition challenging the recent amendments made to the Official Secrets Act. The petition argues that these amendments grant excessive powers to intelligence agencies, allowing them to raid and detain citizens based on mere suspicion of breaching the law.
The Official Secrets (Amendment) Bill, 2023 was quietly passed by the National Assembly on August 1 by the outgoing government. However, due to strong opposition in the Senate, the bill was sent to the relevant committee for review. The committee made amendments to the bill and sent it back to the upper house for approval, which took place on August 6. The bill was eventually passed, with alterations to the original draft, including the removal of a clause that granted intelligence agencies the power to arrest suspects or conduct searches without warrants.
The move to amend the Official Secrets Act has raised concerns about potential misuse of the broadly defined terminology introduced in the 100-year-old law. In response, a petition was filed in the LHC on Tuesday, seeking to declare the amendments “ultra vires to the Constitution.”
During the hearing, Justice Shahid Bilal Hassan expressed his dismay, saying, “Pakistan is our home, look what we have done with it.” The court also issued notices to the federal government and other respondents, including the Ministry of Law and Justice, the National Assembly, and the Election Commission of Pakistan.
The petition argues that the amendments to the act, particularly Section 2, which grants excessive powers to intelligence agencies, have resulted in fear among civilians as civilian areas are now included in the ambit of defense establishments. It claims that these arbitrary arrest powers violate fundamental rights guaranteed by the Constitution of Pakistan, such as the right to liberty, dignity, and due process of law.
The petition highlights that the lack of specific guidelines for arrests has led to the arbitrary deprivation of individuals’ liberty who pose no threat to public order or security. It further states that these powers are in violation of Pakistan’s international human rights obligations and undermine the principles of democracy, rule of law, and separation of powers.
The plea urges the court to direct the respondents to stop following the unconstitutional provisions of the act and ensure the implementation of constitutional guarantees. It also requests the court to suspend the operation of the law until the matter is decided by the LHC.
In conclusion, the petition emphasizes the duty of the court to uphold the Constitution and protect the rights of the citizens of Pakistan.