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Explainer: How does President’s Secretariat work?

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President Arif Alvi’s denial of signing the Official Secrets and Army Act amendment bills into law has plunged the country into another constitutional crisis with experts divided on the status of the said legislation.

As per Article 75 of the Constitution, when a bill is sent for assent, the president has two options: either give assent or return the matter to the parliament with specific observations.

However, Article 75 does not provide for any third option. The Constitution is silent on returning the bills without any observations or assent, according to some experts.

Under the procedure laid down in the Constitution, any bill passed by a joint meeting of Parliament will become law after 10 days even if the president doesn’t give his assent.

Legal experts are currently divided on the status of the said bills and have different interpretations of Article 75.

It may be noted that no joint meeting of the parliament was convened on the said bills.

With the president claiming his staff “undermined” his orders on the signing of bills, legal and political analysts say that he should have taken timely action against those involved in the alleged forgery committed at the presidency.

To understand this, here is an explanation of how the President’s Secretariat works: 

A report by BBC Urdu quoted a former officer from the presidency as saying that the staff of the Prime Minister House and the President House is divided into two departments.

The first of these departments is called the “Internal Wing” which is headed by the military secretary to the president and the prime minister, who is usually a one-star military officer called brigadier.

Under the military secretary there is a deputy military secretary and under him are the three additional deputy secretaries representing the three branches of the armed forces.

These three officials lead a team consisting of security officers, staff, and a team of protocol officers.

The internal wing is tasked with managing the president’s personal affairs, his security, internal and external visits and meetings, etc.

While the other wing is headed by the senior most bureaucratic officer, who is the secretary to the president.

The post is held by a 21-grade bureaucrat, who leads a secretariat that includes additional secretaries, joint secretaries, deputy secretaries, and other office staff.

Any file requiring the president’s signature or assent first goes to the section officer of the staff of the presidency, who comes last in the list of officers, as per the BBC report.

The section officer reviews this file, which contains the text of the application or the act on the right side, with all its documents attached.

A minute sheet or notice for consideration (NFC) is pasted on the left side of the file, where the section officer writes in brief about the file that has come from the National Assembly, Senate, or any ministry. It is then sent to the assistant secretary for approval.

From here the file goes to the joint secretary, then the deputy secretary, and followed by the secretary to the president who then presents the file to the president.

During all these steps, notes are written on this file, it is checked and any deficiencies are corrected or sent back to the concerned ministry or department.

After reaching the president, if he gives his “stamp of approval,” the work is considered completed, and if not, it is sent back with a “disapproved” sign.

The return of any file also follows the same chain of command through which it first reached the office of the president. The section officer forwards the file to the concerned institution, department, ministry, or parliament with objections.

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Reaction to the PTI protest call by Fazlur Rehman

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Maulana Fazlur Rehman, speaking on a private television station, said that the PTI is always coming to the streets, which really lessens the impact of a protest.

He also suggested to the PTI leadership that rather than carrying on with the agitation, it should finally put a hard hand down, which would be the final nail in the coffin.

He continued, citing the JUI protests as an example, saying, “We had a strong grip over our protesters and workers, so neither road was closed nor any property damage occurred during protests.”

The PTI has the right to protest, but Maulana Fazlur Rehman described the party’s agitation strategy as insufficient, stating that it is currently being “exposed which maynot be a good sign’.

Ali Amin Gandapur, the chief minister of Khyber Pakhtunkhwa, promised not to go back home unless the PTI founder was freed. During their demonstration, Imran Khan’s wife, Bushra Bibi, encouraged the party officials to come up with strategies to avoid being arrested.

According to an alleged audio recording, she stated that November 24 will be a loyalty test for PTI members.

Additionally, the government of Islamabad has enforced section 144 for a period of two months, which prohibits processions, rallies, demonstrations, and meetings of five or more individuals in the city.

As per the notification, the prohibition forbade meetings in any public space inside the boundaries of Islamabad, including the Red Zone, which encompasses important government buildings, diplomatic missions, and other sensitive sites.

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PTI representatives conjecture in the media over Imran’s approval of bail: FIA investigator

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The hearing on the PTI founder’s bail application in the Toshakhana-2 case has resumed at the Islamabad High Court (IHC), with Justice Mian Gul Hasan Aurangzeb serving as the presider.

The hearing was attended by the defense attorney, Barrister Salman Safdar, and FIA prosecutor Zulfiqar Abbas Naqvi.

Judge Mian Gul Hasan Aurangzeb told the FIA prosecutor to “leave the media alone and exempt yourself from them” in order to avoid commenting on the media. The statement followed the prosecutor’s assertion that the bail would be granted, which had previously been reported by media sources.

In addition, the court questioned whether the receipts in question were issued in the name of Bushra Bibi or the PTI founder itself. Bushra Bibi’s name was on the receipts listed in the challan, according to Barrister Salman Safdar.

Defense arguments
The defense expressed displeasure about the case’s 3.5-year registration wait. The prosecution has swore in Sohaib Abbasi and made Inamullah Shah a crucial witness without requiring them to take an oath.

Barrister Salman Safdar highlighted that multiple agencies, including NAB, FIA, Police, and the Election Commission, have initiated actions related to the Toshakhana case, suggesting procedural redundancy.

Regarding a phony Toshakhana receipt, he contended, the Kohsar Police Station has also filed a case.

Position of the prosecution
The FIA prosecutor, Umair Majeed Malik, maintained that the valuation of the jewelry set mentioned in the case would be explained in the prosecution’s evidence.Justice Mian Gul Hasan Aurangzeb remarked, “If the media does not spread sensationalism, how will they conduct their business?” He dismissed rumors about his health, stating that he was present and hearing the case despite such reports.

Status of Co-Accused
The court was informed that Bushra Bibi, a co-accused in the case, is currently on interim bail and awaiting a decision by Judge Afzal Majuka. Barrister Salman Safdar expressed hope that Judge Majuka would soon announce his verdict.

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Naqvi visits Fazl to express gratitude for contributions to the 26th amendment.

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Federal Interior Minister Mohsin Naqvi convened with Jamiat Ulema-e-Islam Fazl (JUI-F) leader Maulana Fazlur Rehman to deliberate on issues of shared concern and the current political landscape in the nation.

In today’s meeting in Islamabad, Mr. Naqvi asked about Maulana Fazlur Rehman’s health and sent his best wishes for the JUI chief’s well-being and future pursuits.

Naqvi extended his appreciation to Maulana Fazlur Rehman for his crucial contribution to the enactment of the 26th Constitutional Amendment, which he characterised as a significant milestone in Pakistan’s legislative history.

Following the meeting, Naqvi commended Mr. Fazlur Rehman’s commitment to the nation, asserting, “Maulana Fazlur Rehman has consistently prioritised Pakistan’s interests, and his contributions to the country are indispensable.”

The experienced politician reaffirmed his dedication to Pakistan and its populace, stating, “Our priority has consistently been Pakistan and the well-being of its citizens.”

Senator Kamran Murtaza attended the meeting.

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