Although the Official Secrets Act and Pakistan Army Act have become even more controversial after the remarks by President Alvi, the authorities are expediting holding cases under the law. Within days, a special court has been formed within the Anti-Terrorism Court in Islamabad to hear cases under the law.
The most high-profile case involves the missing cypher in which former foreign minister Shah Mahmood Qureshi has been arrested, and the incarcerated former Prime Minister Imran Khan has been booked. The pace of the proceedings has cast doubts on ulterior motives whether it is a ploy against the PTI chief. The Islamabad High Court is starting proceedings on the conviction in the Toshakhana case that was handed over after a hasty trial. It is likely that the conviction can be suspended or even quashed. Perhaps the authorities realizing the PTI chief could be released want to keep him in prison for good.
The constitutional crisis which erupted after President Alvi’s remarks is still brewing. He claimed that he did not assent to the disputed bills and was undermined by his staff, raising doubts on its validity and procedural correctness. Nevertheless, proceedings and arrests under the bill have already commenced. If the bills are deemed to have not passed, then cases would be ineffective and the charges against Imran Khan and others would be unconstitutional.
The Supreme Court will have to step in and resolve the constitutional crisis as the rights of people are being violated. It needs to be seen if the apex court will step in even the Chief Justice is set to step down next month. The move could set the judiciary once again on collision court with institutions.
The state cannot remain in constitutional limbo. Since the National Assembly has been dissolved, bills cannot be rectified through parliament. The absence of assemblies will also extend the president’s tenure beyond the next elections. Until then, it is imperative that the constitutional crisis must be resolved to ensure the smooth functioning of the state.
The PDM government passed these bills in haste and even senior politicians were unaware. On the last day of the government, the bills were sent to the president. It is necessary the PDM parties must come clean on passing the bills. There should be an inquiry into what actually transpired with the president and the status of these controversial bills.
