Shaukat, Hashmi to contest for Pakistan's Premiership today
By Azka Jameel - Pakistan Times Staff Correspondent

ISLAMABAD: PML Candidate Shaukat Aziz and ARD candidate Makhdoom Javed Hashmi will contest for ascertainment as future Prime Minister today, Friday.

Speaker, National Assembly despite objection by the ruling faction of the Pakistan Muslim League on nomination papers of Javed Hashmi, accepted nomination papers of the ARD candidate.

Nomination papers of Shaukat Aziz were also accepted as there was no objection against his nomination papers.

Objection by PML

The ruling PML had raised objection on the nomination papers of Javed Hashmi on plea that he was convicted by a session court and after he is convicted, he stands disqualified as member of National Assembly.

Appearing on behalf of the PML, MNA Zahid Hamid, supported his argument with the para G and H of the Article 63 of the Constitution.

He said Javed Hashmi was convicted by the competent court of jurisdiction on charges of treason and he ceased to be member of National Assembly, so there was no question of his contesting for the slot of the Prime Minister.

Aitzaz Ahsan Pleads for Hashmi

Appearing on behalf of ARD, Chaudhry Aitzaz Ahsan pleaded that Javed hashmi was not disqualified as member National Assembly.

He opined that even if he was to be disqualified, the matter did not fall in the jurisdiction of the Speaker. The Speaker might have been sent reference of disqualification to the Election Commission of Pakistan within 30 days of any decision mentioned the counsel of the ruling alliance and the Election Commission have to make decision on such recommendation by the Speaker, within three months.

As no such proceedings were initiated against Makhdoom Javed Hashmi and as an appeal had also been filed against the Session Court decision in higher courts, then under the law, no such decision stands valid till the decision of higher court comes.

On these grounds, Aitzaz said, the papers of Javed Hashmi cannot be rejected.

Speakers' Verdict

The Speaker, Ch. Amir Hussain asked both the sides to wait till he announces the decision after detail consideration of the respective Articles and the court decisions quoted by both the sides.

After thorough probe of the situation and scrutiny of the nomination papers, the Speaker also accepted the nomination papers of Javed Hashmi.

Short Order

In his short order the Speaker announced, under rule 17 of the Rules of Procedure and Conduct of Business in the National Assembly, 1992 nomination papers of Javed Hashmi cannot be rejected and I accept his nomination papers.

"Without prejudice to any proceedings regarding disqualification of Makhdoom Muhammad Javed Hashmi as he is still a member of the National Assembly, therefore under rule 17 of the Rules of Procedure and Conduct of Business in the National Assembly, 1992 his nomination papers cannot be rejected hence, I
accept his nomination papers," the Speaker announced.

Of the Scrutiny Process

Giving details of the scrutiny process in his order, the Speaker said, at the time of scrutiny, an objection was raised on the nomination papers filed on behalf of Makhdoom Muhammad Javed Hashmi, MNA and it was contended that Makhdoom Muhammad Javed Hashmi was convicted under Sections 124-A, 468 , 469, 471, 500 , 505 PPC and sentenced to imprisonment of various descriptions by the court of District and Session Judge, Islamabad and presently he is in jail.

Therefore, under Article 63 (1) and (h) he becomes disqualified from being a members, and consequently, a candidate for ascertainment.

The Speaker also mentioned to his powers about scrutiny and said, scrutiny of nomination papers is to be made in accordance with rule 17 that empowered him to reject a nomination paper on the grounds that the candidate is not a member of the Assembly; any provision of rule 16 has no been complied with ; or the signature of the proposer, the seconder or the candidate is not genuine.

"And I after thorough scrutiny of the nomination papers and the objections raised, accept the papers of Makhdoom Javed Hashmi," the Speaker remarked.

Nominations

Earlier in the day, the out-going Prime Minister Chaudhry Shujaat Hussain, former Prime Minister Mir Zafarullah Khan Jamali and former ministers Sheikh Rashid Ahmed, Aftab Ahmed Khan Sherpao, Awais Leghari, Syed Safwanullah, Zobaida Jalal, Yar Muhammad Rind, Ijaz-ul-Haq, Baber Ghauri, PML Secretary General, Mushahid Hussain Sayed, Senator Tariq Azeem and other party office bearers were also present at the time of filing nomination papers for Shaukat Aziz.

Top leadership of ARD including Makhdoom Amin Fahim, Chaudhry Nisar Ali Khan, Syed Khursheed Shah, Ms Tahmina Daultana, Khawaja Saad Rafiq and other ARD leaders submitted nomination papers of Javed Hashmi.

Call for Hashmi's Production Orders

With the acceptance of the nomination papers of Javed Hashmi, the opposition leaders also raised the issue of production of Javed Hashmi in the House.

The Speaker asked them to discuss the matter when convenient to them and it was decided to discuss this matter tomorrow, Saturday at 1000 hours.

Amin Fahim's Plea

Chairman, ARD, Makhdoom Amin Fahim Thursday demanded of the Speaker National Assembly Ch. Amir Hussain to issue production order of Makhdoom Javed Hashmi to ensure his presence during election of leader of the house in the National Assembly.

"Javed Hashmi is unanimous candidate of ARD for Premiership and we have requested the Speaker to issue his production order to ensure his presence during the election process under Constitution's article 90," he told a press conference in the Parliament House.

Makhdoom Amin Fahim said the alliance has also decided not to file nomination paper of any covering candidate.

When asked if the nomination papers of Javed Hashmi are rejected on technical grounds, he said as he is a sitting member of National Assembly, he could contest election for the leader of the House.

Rejects Notions of Rift in ARD

Responding to a question, he said there is no rift among the parties in the ARD and Javed Hashmi has been nominated unanimously by the alliance.

About support from MMA in the election, he said that Ms Mamoona Hashmi is in contact with the MMA in this regard.

MMA's Verdict Today

Meanwhile, the Parliamentary Party of Mutahida Majlis Amal (MMA) will take final decision in its meeting being held on Friday about its participation in the election of leader of the House.

This was stated by MMA leader Liaqat Baluch while talking to newsmen at the Parliament House on Thursday.

Liaqat Baluch said MMA decided to boycott the election of leader of house as there was no acceptable candidate for them but after the decision of ARD to nominate Javed Hashmi today as its unanimous candidate today, MMA would review its decision tomorrow.

He said previously, at the election of Chaudhry Shujaat Hussain as leader of the House, MMA suggested to nominate Javed Hashmi but the ARD did not accept this decision, therefore, the MMA decided to boycott the process.

Replying to a question about the possible decision of MMA, Liaqat Baluch said, it would be in the light of the point of view of MMA that in case of Javed Hashmi as candidate for leader of the House, the MMA would review its decision.

Liaqat Baluch said that decision of ARD to nominate Javed Hashmi would provide a chance to all opposition parties to take a unanimous stand and to unite on one platform to work for strengthening of democratic process in the country.●