CM says PM cannot hold office

Says president has no power to ask the premier to continue

KARACHI:

Sindh Chief Minister Syed Murad Ali said that some of the federal ministers, in order to create constitutional crisis in the country, were mixing up the definition of two different articles. He defined articles 95(4) and 94 of the constitution, saying it was an attempt to pave the way for Prime Minister Imran Khan to continue even after losing the majority vote in the National Assembly.

"Under Article 95(4) of the Constitution, the prime minister shall cease to hold office if a no-confidence resolution is passed by the majority of the total members of the National Assembly. Therefore, the president cannot ask him [the PM] to hold office till the election of new prime minister," he said.

Shah added that under Article 94 of the Constitution, the president may ask the prime minister to hold office until his successor takes charge.  This he said while addressing a press conference at the CM House on Saturday. He was flanked by provincial ministers Imtiaz Shaikh, Taimur Talpur and CM's Advisor on Law Murtaza Wahab.

The chief minister said that the constitution was very clear that the president could not ask the prime minister to continue after losing a vote of confidence in the National Assembly. "Yes, he [the president] may ask the prime minister to continue till the election of his successor if the prime minister resigns," he said. Shah continued that both were different cases and could not be mixed up.

The Sindh stated that the prime minister and his team were bent upon creating a constitutional crisis in the country, just to achieve the personal interest of clinging onto power.

Shah said that a federal minister, indirectly accepting defeat in the vote of no-confidence, said that he would join the media to work as an anchor. "I am sorry to say that those [Shaikh Rashid and other PTI ministers] who were making tall claims of creating a forward bloc in the Sindh Assembly and imposing governor's Rule in the province, are leaving with their tails between their legs," he said.

He lamented that a federal minister [Shaikh Rashid] was inviting the security establishment to intervene. "I am surprised that they have gone berserk after witnessing the power slipping out of their hands - this amounts to booking him under Article 6 of the constitution," he said.

The CM recalled that the two former prime ministers, Yousif Raza Gilani, and Nawaz Sharif, were disqualified by the court and the assembly had elected their successors as per constitution but the incumbent was bent upon violating the constitution, creating law and order situation in the country.

Replying to a question about Interior Minister Shaikh Rashid's orders of arresting MNA Jam Karim, the chief minister said that the federal minister was committing contempt of court. "Jam Karim has been granted bail till April 11, so how can he get him arrested," he questioned.

Shah said that Nazim Jokhio murder was an unfortunate incident, but the Sindh government supported the victim's family in registering the case. "We arrested our MPA when they [family] nominated him and then they nominated MNA Jam Karim but he was out of Pakistan," he said and added he has returned after getting bail before arrest," he said.

Replying to a question, the chief minister said that a framework has been signed with Muttahida leadership. He added that talks between MQM and PPP were held in the presence of their respective leadership. "I think this working relationship and understanding between the two parties would prove useful for the development of the province and the country.

Shah said, "It is up to the MQM leadership if they agree to join the provincial government, otherwise they have not demanded any ministries."

The chief minister, replying to a question, said that the former Punjab chief minister Buzdar resigned and the government has called an assembly session to elect a new leader of the house within a day. "However, the National Assembly is trying to prolong the vote on no-confidence motion.

Shah said that the PML-N was the majority party in the Punjab Assembly, but even then, PML-N President Shahbaz Sharif consulted the joint opposition to nominate Hamza Shahbaz as a candidate for the chief minister slot.

Published in The Express Tribune, April 3^rd, 2022.