Rangers special powers: Centre meddling in Sindh affairs illegally, says Zardari

Province refuses to accept ‘unconstitutional’ instructions

ISLAMABAD/ KARACHI:

The tussle between Centre and Sindh over Rangers role shows no signs of settling. Joining the ongoing war of words from Dubai, Asif Ali Zardari has termed the federal government’s decision to extend the Rangers powers “unconstitutional invasion” of Sindh.

In a statement issued on Thursday, the former president strongly criticised the Centre for rejecting the provincial government’s proposal to limit powers of the paramilitary force.



While the PPP’s second-tier leadership has been issuing statements, this is the first time Zardari, who went abroad earlier this year after making anti-establishment comments, has issued such a strong-worded statement against the Centre.

Interestingly, the Pakistan Peoples Party co-chairman, whose party has been governing Sindh since 2008, chose to link his comments with his statement for the 139th birth anniversary of the Father of the Nation.



Without referring to anyone, he asked the people to adhere to the Quaid’s principles of democracy, constitutionalism and the rule of law to forever banish the extremist mindset. “The Father of the Nation envisioned a democratic and progressive Pakistan, where there will be constitutionalism and rule of law, and where every citizen will have equal opportunities to advance without any prejudice of religion, caste and creed,” Zardari stated. “The need to follow this philosophy was never as great as it is now.”



It is sad, he added, the cherished principle of constitutionalism has been trampled by the central government by invading Sindh against the letter and spirit of the Constitution. “The nation will slip into instability and uncertainty if the Constitution is trampled in this manner,” he warned.

The PPP leader called upon the people to forge unity in their ranks and reject any attempt to undermine the Constitution.

Official reply

In its reply to the federal government’s letter regarding extension in Rangers powers, the Sindh government has also termed the decision ‘unconstitutional’ and an ‘attack’ on provincial autonomy.



In a letter written to the interior ministry, Sindh accused the Centre of superseding the Sindh Assembly by giving powers to Rangers under the anti-terrorism act in a move ‘ultra vires’ to the Constitution.

Earlier this week, the interior ministry had extended the special role of Rangers in the ongoing Karachi operation for another two months overruling Sindh’s approval for limited powers.

In response, the Sindh Home Department has written the letter to the interior secretary, saying the government expected the federal government to act strictly according to the Constitution. “The Sindh government strongly refutes the contents of your letter dated December 19 to grant Rangers powers within Karachi division,” it stated.

Referring to the provincial assembly resolution adopted on December 16, the letter claimed the government had fulfilled its constitutional duty by ratifying the presence of Rangers through a resolution.

The letter contended the Rangers were deployed in Sindh not under anti-terror or any other laws but under Article 147, which empowered the province to impose any conditions as it deems appropriate.

Referring to the 18th Constitutional Amendment, the letter said the powers given by the Constitution could not be circumvented by any legislation or an executive order. And the amendment not only retained the extension powers with the provincial government, but also made ratification by the respective assembly necessary.



The letter stated the powers of preventive detention under Section 11EEEE of ATA were also conditional and subject to approval by the government. The letter, which comprises eight points, alleged the federal government’s complete disregard to Sindh’s request was tantamount to “encroaching the [province’s] powers”.

Solution ‘soon’

While admitting some misunderstandings between Sindh and the federal government, Sindh Chief Minister Qaim Ali Shah has said the issue would be resolved amicably soon as his government was committed to implementing the National Action Plan.

He was speaking to a joint delegation of Sindh High Court Bar Association, Karachi Bar Council and Malir Bar Association at the CM House on Thursday.

“Police and Rangers have given a lot of sacrifices for restoration of peace in Karachi and they deserve appreciations,” he said, but he added it was necessary for every institution to work within its domain and legal framework.

Qaim also thanked PM Nawaz Sharif and Army Chief General Raheel Sharif for their support and cooperation in restoring peace in Karachi. He urged the lawyers to play their role to ensure supremacy of the Constitution.

Published in The Express Tribune, December 25^th, 2015.