‘High treason': Opp blasts Qaiser for delaying crucial session

Say delay violates Constitution; entails punishment under Article 6

ISLAMABAD:

The opposition parties were unanimous on Sunday in saying that Speaker National Assembly has violated the Constitution by not calling the assembly session within the 14-day period, saying the failure to convene the session by March 22 was an unconstitutional move and warranted punishment under Article 6 of the Constitution, which deals with treason.

The opposition - Pakistan Peoples Party (PPP), Pakistan Muslim League-Nawaz (PML-N) and the Pakistan Democratic Movement (PDM) – accused Speaker NA Asad Qaiser of abrogating the Constitution by summoning the session on March 25, whereas he was bound by the law to convene it by March 22.

The condemnation came after NA Speaker Asad Qaiser summoned the session of the lower house to deliberate on the opposition's no-confidence resolution against Prime Minister Imran Khan on March 25 (Friday) at 11am. In his order, the speaker had said that due to renovations at the Parliament House ahead of the OIC moot, no suitable place would be available to hold the session before March 24.

“PM Imran and the NA speaker have abrogated the constitution,” PPP Chairman Bilawal Bhutto Zardari said during a press conference at Zardari House in Islamabad on Sunday, adding that “this coward captain [PM] is escaping from the vote of no-confidence to the extent that he has made the speaker abrogate the Constitution”.

The PPP chairman said that under the Constitution, the NA speaker is bound to call the session within 14 days. He recalled that as per the country’s precedent, the voting is supposed to take place just after seven days. “When the no-confidence was tabled against ex-PM Benazir Bhutto, the voting took place exactly on the seventh day.”

لائیو: پاکستان پیپلزپارٹی کے چیئرمین بلاول بھٹو زرداری اسلام آباد میں نیوز کانفرنس کررہے ہیں۔@BBhuttoZardari https://t.co/EQXfkIikxe

— PPP (@MediaCellPPP) March 20, 2022

“This coward Imran has been seeing his defeat from the first day, he thinks that either he will play or no one will,” Bilawal said. “We will not let this man play with the fate of the country. He has abrogated the Constitution of Pakistan.”‘Punishable under Article 6’

Meanwhile, PML-N Secretary Information Marriyum Aurangzeb said that the speaker’s failure to convene the NA session by March 22 was punishable under Article 6. “If the speaker fails to convene the session before March 22, he would be guilty of violating the Constitution which would entail punishment under Article 6 of the Constitution,” the PML-N spokesperson said.

READ PM Imran wants attendance records 'broken' at D-Chowk rally

In a statement, Marriyum stressed that under Clause 3 of Article 54 of the Constitution, the speaker was bound to convene a meeting if one-fourth of the members submit a requisition request, saying that Article 54 of the Constitution states that the speaker cannot delay convening of the session by more than 14 days.

“Article 5 is clear about the violation of the Constitution and Article 6 contains the punishment,” the former information minister said.

‘Breaching of oath’

PDM spokesperson Hafiz Hamdullah also echoed the serious concerns expressed by fellow opposition leaders and argued that the Asad Qaiser had flouted the constitutional requirement. He came down hard on the speaker for proving to be “the tiger of Bani Gala instead of responsibly discharging duties as NA speaker”.

“The speaker has brazenly violated the oath,” he added. The PDM spokesperson said that the speaker has also proved that the oath and the Constitution are of no importance to him, adding that it was clear that the speaker has abrogated the Constitution by delaying the session.

Several other opposition leaders said that the late convening of the session was an attempt to escape the no-confidence motion the speaker still had time to avoid violating the law and the Constitution.
“The NA speaker is supposed to act neutrally but perhaps Asad Qaiser, too, thinks that neutrality only belongs to animals and that’s why he is showing partiality,” PPP’s Shazia Marri quipped.

Legal experts

The statements from the opposition parties have come on the heels of concerns of the legal experts who said not calling the requisitioned session of NA within the stipulated time or proroguing the session without initiating the proceedings of the no-confidence motion against PM Imran would attract Article 6 on the speaker.

Supreme Court Bar Association (SCBA) President Ahsan Bhoon earlier told The Express Tribune that “the speaker is bound to convene the session within 14 days, come what may,” adding high treason was applied on a military dictator for abrogating the Constitution and, similarly, the speaker can be tried for high treason under Article 6 if he violates the Constitution.

Pakistan Institute of Legislative Development and Transparency (PILDAT) President Ahmed Bilal Mehboob also said that convening the session within 14 days was a constitutional requirement and if anyone subverted a Constitutional provision, he would face Article 6.

Article 6

Article 6 of the Constitution states: “Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason.”

Article 6 (2) states: “Any person aiding or abetting [or collaborating] the acts mentioned in clause (1) shall likewise be guilty of high treason. Clause 2-A says: “An act of high treason mentioned in clause (1) or clause (2) shall not be validated by any court including the Supreme Court and a High Court.]
Article 6(3) adds: “Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason.”