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ISLAMABAD: With a pause
of just two days — whereby the Government and a segment of the
opposition, MMA — signed an accord to bring to an end all types
of controversies vis-à-vis the Legal Framework Order [LFO],
the apex Leader of the six-parties religio-political alliance,
rejected the draft of the bill — the moment it was tabled before
the lower house of Pakistan's Parliament, the National
Assembly — Friday.
The acting chief of MMA, Qazi Hussain Ahmad aired his
standpoint with a plea that the document, placed before the
House — ‘negated the actual text and spirit of the concord — which
was inked by the two sides’.
Amid a new political scenario — which, as the analysts say — ‘may
put adverse affects on the national polity, Prime Minister Mir
Zafarullah Khan Jamali has called an urgent meeting of the
parliamentary parties heads — including the ruling PML [Q] — on
Sunday, perceptibly ‘to evolve a new strategy to cope with the
MMA’s objection ’.
In-depth
Political deadlock took over the last day’s cordial atmosphere
where the government and Muttahida Majlis-e-Amal agreed to
join hands on certain terms.
Cracks appeared Friday when the government tabled a bill in
the National Assembly for introducing 17th amendment in the
constitution.
Legal Framework Order, which has long been a bone of
contention, was to be incorporated partially in the
constitution under the agreement.
Qazi's Viewpoint
MMA leader Qazi Hussain Ahmed, speaking in the assembly said
that the bill introduced by the government was not in
accordance with the agreement reached between his side and the
government.
'We have reservations on several points. They are talking of
judges’ age (retirement age) but we can see no mention of this
in the constitution whether it should be 65 or 68. If our
demands are not met we will be compelled to go back to the
people', he said.
Qazi said that LFO has never been a part of the constitution.
'The government assured to accommodate our views but this is
not reflected in the bill', he said.
Speaking on the bill, the MMA leader asked the government to
amend the bill according to the agreement.
He said 17th constitutional amendment bill moved by the
government today has indicated that LFO is part of the
constitution and the parliament has to made amendments in the
constitution which has already LFO as its part.
Violation of Accord
Qazi observed that it is the violation of the agreement between MMA and government as
the negotiations were started on the basis that LFO is not part of the constitution and it would be brought in the house
in full to get two third majority of the House.
He assured that if the government would bring amended bill in
accordance with the agreement including all the articles of
LFO, the MMA would extend full
support for its approval.
Jamali Responds
Prime Minister Mir Zafarullah Khan Jamali while responding to
the reservations of the MMA, said that the bill moved in the
house is in accordance with the
agreement signed between MMA and government.
He however, said that SM Zafar who prepared the draft of the
bill, has gone to Lahore and told the National Assembly that
he will be in Islamabad tomorrow and MMA leaders and
Government would again review the draft of the bill jointly to
remove the discrepancies or any misunderstandings.
Confusion
The confusion was created when some of the articles of the
17th constitutional amendment bill included amendments related
to age of the retirement of the judges, which was increased
through LFO.
Many other members of the MMA including Maulana Fazl-ur-Rehman urged the government to make the bill in accordance
with the agreement signed between MMA and government.
ARD Stance
Similarly, the members of ARD, belonging to PPPP and PML-N
including Chaudhry Aitzaz Ahsan, Chaudhry Nisar, Ms Tehmina
Daultana, Shah Mahmood Qureshi and Pervez Ashraf highlighted
the flaws in the bill and demanded that government should
bring the whole LFO before the parliament to make it part of
the constitution.
Fazl asks for Changes
Maulana Fazl-ur-Rehman said that the government must fulfill
its commitment and change the amendment bill.
'Under the agreement we did not agree to compromise on
principles. We have several reservations on this bill', he
said.
PM's Shuttle
On this occasion, Prime Minister Mir Zafarullah Khan Jamali
shuttled between the opposition leaders including Qazi Hussain
Ahmed, Makhdoom Amin Fahim and Chaudhry Nisar Ali Khan.
He had a debate with them for a few minutes and later stood up
to address the House.
During his speech, Jamali said that the government will fulfil
its commitment and accommodate MMA’s view point.
He said that SM Zafar, the architect of the government-MMA
accord, was in Lahore and has been asked to come back to
Islamabad.
'We will take MMA along with us', he assured.
Jamali maintained that the bill was in accordance with the
agreement between the MMA and the government. 'We did not
change anything'.
He said both the sides can sit down together again and work
out reservations if any on the subject.
English may be 'Hazrad': Shujaat
When contacted, the PML [Q] President, Chaudary Shujaat
Hussain said that the draft bill — on LFO — was absolutely based
on the contents, agreed between the government and the MMA.
He ruled out the claim that any changes had been incorporated
in the bill, tabled before the National Assembly on Friday and
said: ‘even now if anything is left or misunderstood, shall be
removed, the moment SM Zafar gets back to the capital
today — Saturday’.
The PML [Q] chief said that the draft — signed with MMA was in
Urdu language — whereas, the bill, presented for legislation was
in English. ‘May be this has created a few ambiguities, which
shall be removed in consultation with the author of the draft
bill’, SM Zafar, an ex-Law Minister of Pakistan.
To a question, Shujaat said that the copies of the draft were
distributed among MPs — well before it’s’ presentation and no
one had raised any objection. ‘It is astonishing that soon
after it’s appearance before the NA, a lot of objections have
surfaced — even by MMA chief, who was on a visit abroad, when
the agreement was signed.
MMA Standing Committee Stance
The Standing Chairman of Muttahida Majlis-e-Amal (MMA) says that
the Constitutional Amendment Bill-17 presented in the National
Assembly on Friday is not a package which was ratified after a
consensus between government and MMA was reached, sources
informed.
These views were expressed during debate over the bill in the
national assembly.
NA adopts 17th Amendment
Earlier, the National Assembly on Friday amended the
Constitution for inclusion of Legal Frame Work Order by
unanimously adopting 17th amendment bill.
The Bill was presented by Minister of State for Law, Justice
and Parliamentary Affairs, Raza Hayat Hiraj. Prime Minister
Mir Zafarullah Khan Jamali and parliamentary leaders from
opposition parties were also present in the House.
The Bill
The Minister of State for Law, Justice and Parliamentary
Affairs the Bill sought amendment in the Constitution by
bringing 17th amendment to make Legal Framework Order as part
of it.
The Speaker National Assembly, Chaudary Amir Hussain asked the
House for giving their consent on the Bill and later, it was
accepted as majority of the MPs gave favoring vote for debate
in the House.
Effect
While presenting the Bill,
the Speaker said, it is expedient to amend
the constitution of Islamic Republic of Pakistan for the
purpose and this Act may be called the Constitution
(Seventeenth Amendment) Act, 2003. It shall come into force at once.
The Bill proposed amendment of articles 41, 58, 112, 179, 195,
243, and 268 of the Constitution.
While it also proposed to substitute the Articles of the
Constitution including, 152A, and 270-AA.
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