IT is a matter of serious concern that there is no end to controversies and conspiracy theories even after installation of an interim set-up to manage affairs of the country and preparation being made by the Election Commission of Pakistan (ECP) to ultimately hold elections. The latest controversy is particularly unfortunate as it involves and surrounds the top constitutional office of the state, sending the wrong message to the outside world about the state of affairs in Pakistan and the quality of the statecraft.
A day after the media was abuzz with reports that the President signed into law two important bills cleared earlier both by the National Assembly and the Senate, Dr Arif Alvi thought it appropriate to take to the social media platform ‘X’ (formerly Twitter) to clarify that he did not sign the Official Secrets Amendment Bill 2023 and Pakistan Army Amendment Bill 2023 as he disagreed with them. The ambiguous nature of the tweet initially created an impression as if someone else signed the two laws on behalf of the President, which amounts to a forgery but it transpired later that what the President meant was that he did not sign, asked his staff to return the bills but these were not sent back within the stipulated time-frame of ten days and delayed deliberately to become law. The President also sought apology from those who will be affected by these laws which also showed the President too was convinced that the bills have now become acts of parliament. The statement of the President, which political opponents believe came after a serious backlash from the PTI over these bills becoming formal acts of Parliament, opened a Pandora’s Box as the Law Ministry issued a press statement to express concern over the remarks of the President. The Ministry’s statement said that as per Article 75 of the Constitution, when a bill is sent for assent, the President has two options: either give assent or refer the matter to Parliament with specific observations. The Article 75 does not provide for any third option. This position was reiterated by two federal ministers — Minister for Law and Justice Ahmad Irfan Aslam and Minister for Information and Broadcasting Murtaza Solangi at their joint press conference where they maintained that under Article 75 of the Constitution, a bill automatically becomes a law if the President does not approve or reject it within the stipulated time period of 10 days. The clarifications of the President and the caretaker ministers clearly prove that Dr Arif Alvi has a valid point when he says he did not sign these bills. His point of view also stands vindicated by the statement released by the Ministry of Law and Justice. However, he is on a weaker point when he says he verbally asked the concerned staff to return the bills within the stipulated time-frame but the staff did not implement his instructions. It is because there is no concept of verbal instructions as under the law the President is required to give reasons for rejection of the bill (or for not signing them into law), which he did not do in this case whereas he has been doing so in similar other cases. It was because of this loophole in the process that reinforces claims of the critics that the President knowingly kept his eyes closed during the mandatory ten days and is now clarifying his position just to win sympathies of his parent political party. Some circles are also indulging in wild conjectures that Dr Arif Alvi was doing so to assume leadership of the party as Imran Khan is behind bars but they ignore the reality that the President cannot take part in politics for two years after leaving the presidency. Irrespective of what actually transpired and what were the motives behind this controversy, the fact remains the country and the system stand sure losers as the reputation of the country is at stake in the comity of nations and confidence of the people in the system is shattering. In view of the serious implications of the controversy, this should be thoroughly and transparently probed and facts brought before the nation.
