PML-N rebuffs PTI demand anew, offers reform plan

Govt-PTI talks will yield ‘positive development’, insists Qureshi .

ISLAMABAD:

The ruling Pakistan Muslim League-Nawaz (PML-N) again rebuffed the Pakistan Tehreek-e-Insaf’s (PTI) demand for the prime minister’s resignation on Friday on the pretext that there was no constitutional, legal, factual or moral compulsion to do so.

“The party outright rejects the PTI’s arguments in this regard, being without any constitutional, legal, factual or moral basis,” the ruling party said in a draft paper handed to the PTI.

It also raised “serious doubts on the independence of the judges of the Supreme Court who will be members of the proposed Judicial Commission”.

The reply states that the 2013 elections were deemed ‘the fairest of all the general elections held in Pakistan thus far’ by independent observers, national and international. The party questions why PTI is unable to accept the people’s mandate, saying, “Out of 410 election petitions filed with the Election Commission of Pakistan (ECP) relating to the election, 326 have been decided and only 39 were filed by PTI members.” The response states that the PML-N was ‘not in a position’ to rig the polls, as claimed by PTI and both houses of parliament stand behind the PML-N.



The party’s commitment to electoral reforms can be gauged by the prime minister’s letters to the National Assembly Speaker and Senate chairman in this regard, as well as the formation of the Parliamentary Committee on Electoral Reforms, the reply says.

The PML-N proposes that the judicial commission investigating rigging should comprise three sitting SC judges, to be nominated to the JC by the Chief Justice of Pakistan Nasirul Mulk, who the party hopes will head the Commission.

The JC will have all powers of a civil and criminal court under the Code of Civil Procedure Code, 1908 and Code of Criminal Procedure, 1898 respectively. As regards admissibility of evidence, etc. provisions of the Qanoon-e-Shahadat Order, 1984 shall be applicable. To avoid controversy, it is proposed that the JC may be empowered to decide its own procedure.

The PML-N also states that it agrees with the formation of a proposed Joint Investigation Team under the JC and that the head of the JIT may be appointed after consultation with all concerned. The Commission shall be required to submit findings within 30 days and the report shall be made public, the party says.

Meanwhile the terms of reference for the JIT shall include the following question: Was there a systematic and concerted plan or conspiracy to manipulate the General Election 2013 for or against any political party in connivance with the Election Commission of Pakistan, former members of the Judiciary, Returning Officers, Federal and Provincial Caretaker Governments or any other person?

If the answer is found to be positive, the PML-N agrees that the National Assembly shall be dissolved as per Article 58(1) and a caretaker cabinet appointed after consultation with all parties including PTI.

The party also agrees that ‘non-controversial, non-partisan professionals’ shall be appointed as heads of NADRA, FIA and Secretary, and ECP after consultation with all concerned.

Members of the Election Commission of Pakistan can only be removed in the manner prescribed in Article 209, the PML-N response states. Hence the appointment of new members can only be made after relevant constitutional provisions are amended pursuant to the recommendations of the Parliamentary Committee on Electoral Reforms.

The Parliamentary Committee on Electoral Reforms has been given a period of three months to complete its work by resolutions passed by both Houses of Parliament. As it was notified on 25th July, 2014, 40 days have already elapsed.

PTI will respond to the government’s draft in writing, Shah Mehmood Qureshi said.

Fresh round of PTI-government talks

Even as their party chief reaffirmed his determination to wrest a resignation from the prime minister, PTI leaders met with the government’s intermediaries on Friday and Shah Mehmood Qureshi said ‘positive development’ was expected from the talks. While neither side shared details of the dialogue, Finance Minister Ishaq Dar, who is heading the government team, said: “We have a proactive discussion and tangible progress was made.”

“If the two sides do not reach any conclusion soon, the political jirga will make its formula to resolve the sit-in public,” warned Rehman Malik.  Earlier, Malik said that the government, PTI and PAT are equally responsible for the Chinese president’s visit being cancelled.

Published in The Express Tribune, September 6^th, 2014.