Opp fails to thwart govt move in K-P

ISLAMABAD:

A joint session of parliament on Thursday adopted two separate resolutions ratifying the presidential proclamations imposing a state of emergency and governor's rule for two months in Khyber-Pakhtunkhwa (K-P) amid opposition uproar.

Through the first resolution, the joint sitting approved the proclamation of emergency issued by President Asif Ali Zardari under the second proviso to Article 232(1) of the Constitution of the Islamic Republic of Pakistan. The approval was granted in accordance with Article 232(7) of the Constitution.

In a separate resolution, the parliament approved the proclamation issued by the president under Article 234(1) of the Constitution, in accordance with Article 234(3).

The adoption of the two resolutions formalised Parliament's approval of the presidential proclamations concerning the province of K-P under the relevant constitutional provisions.

During the session, opposition members tore up copies of the resolution to register their dissent.

After the proceedings concluded, the joint sitting of Parliament was adjourned indefinitely.

Parliament can endorse emergency and governor's rule for two months at a time, and for an extension, another joint session of the Parliament would have to be called. Furthermore, the extraordinary governance protocol can be extended for a maximum period of six months as per the Constitution.

Article 234, clause 3 of the Constitution, reads, "A Proclamation issued under this Article shall be laid before a joint sitting and shall cease to be in force at the expiration of two months, unless before the expiration of that period it has been approved by resolution of the joint sitting and may by like resolution be extended for a further period not exceeding two months at a time; but no such Proclamation shall in any case remain in force for more than six months."

A day earlier, both houses of parliament approved an emergency in K-P by majority vote under Clause 1 of Article 232 of the Constitution, despite opposition lawmakers' objections. First, the National Assembly (NA), then the Senate, debated the matter, with opposition lawmakers strongly opposing the Centre's decision and raising a hue and cry during the proceedings. However, the resolution was passed by a majority vote.

The Centre imposed emergency and governor's rule in K-P on October 11, suspending the PTI-led provincial administration amid a dispute over the province's security situation and counter-terrorism measures. The government has defended the move, citing a deterioration in law and order and an alleged failure by the provincial administration to coordinate counter-terrorism efforts with federal authorities.

Thursday's session was chaired by NA Speaker Ayaz Sadiq. Federal Minister for Parliamentary Affairs Dr Tariq Fazal Chaudhry initially presented the presidential proclamations concerning the imposition of emergency measures and governor's rule in the province.

The emergency proclamation was laid before the joint sitting under Article 232(7) of the Constitution, while the proclamation imposing governor's rule was presented under Article 234(3).

Opposition lawmakers protested during the proceedings, with several members wearing black armbands.

Chaudhry later moved a motion under Rule 232 of the Parliament (Joint Sitting) Rules, 1973, seeking to suspend certain sub-rules. Opposition members opposed the motion, prompting Speaker Sadiq to put it to a vote by asking lawmakers to stand.

The procedural motion was adopted by 214 votes to 56.

Following its approval, Chaudhry moved two separate resolutions before the joint sitting - one seeking ratification of the presidential proclamation of emergency under Article 232 of the Constitution and the other seeking approval of the proclamation imposing governor's rule under Article 234.

Subsequently, Law Minister Azam Nazeer Tarar initiated debate on the two resolutions. He defended the imposition of emergency in K-P as a "last resort", telling a joint session of parliament that the decision followed a worsening security situation and deliberations by the federal cabinet. Urging lawmakers to approve the proclamations under Articles 232 and 234 of the Constitution, Tarar said the government was prepared to answer questions about the grounds for the move and rejected comparisons with martial law. "This option was exercised as a last resort," he said.

Tarar told the joint sitting that the K-P governor had written a detailed letter to the president and prime minister about conditions in the province, warning that the conflict involving terrorism was intensifying. He said the government had presented figures and other material to explain why it had invoked the constitutional provisions.

According to the minister, the prime minister placed the matter before the federal cabinet after examining the material, allowing for collective consideration of the decision. He said the cabinet debated the matter for two and a half hours before recommending that the prime minister advise the president to exercise his powers under Articles 232 and 234 and impose an emergency in view of the seriousness of the situation.

Tarar also criticised the provincial leadership's priorities, referring to deaths in incidents in Tank and Bajaur. He said families were receiving condolences while injured people were undergoing treatment in hospitals, including assessments over whether their limbs needed to be amputated. "In my view, the chief minister and provincial ministers should be there, rather than at rallies where music is being played and there is an atmosphere of celebration," he said.

The minister said discussions in the apex committee, of which he was a member, had revealed that the counter terrorism department lacked a fully developed institutional structure and adequate resources. He said the overall security situation, the provincial government's conduct and the material examined by the federal government had informed the cabinet's deliberations.

Responding to lawmakers who had likened the emergency to martial law or a repeat of October 12, Tarar argued that the measure had been taken through procedures provided for in the Constitution. "The affairs of the state must be governed by the Constitution of Pakistan," he said. "Whatever is provided for in the Constitution must be carried out in the manner it mandates."

Law minister said he, the interior minister and the information minister, had explained the reasons for the decision during a media interaction on October 11, following the issuance of the proclamation. The government had subsequently presented its explanation in both houses of parliament, he added.

Outlining the parliamentary process, he said the Senate and NA had separately debated and approved the emergency proclamation issued by the president on October 11 under Article 232. He said that the separate consideration by the two houses as an additional safeguard introduced through the 18th Amendment, saying it required both chambers to examine the proclamation within 10 days and decide on its approval through resolutions.

Tarar said consideration by a joint sitting was a further constitutional requirement. He added that a proclamation would cease to remain in force if the joint sitting passed a resolution disapproving it by a majority of its total membership. Turning to Article 234, the minister said it provided a mechanism concerning the exercise of a province's administrative and legislative powers, with the president acting upon his satisfaction that the provision needed to be invoked.

He said a proclamation under that article also had to be placed before a joint sitting of parliament. The two proclamations before lawmakers formed part of the same document, he added. Tarar said the president had summoned the joint session to fulfil these constitutional requirements, following detailed discussions in the National Assembly and Senate.

Tarar described the 1973 Constitution as a consensus document, framed after extensive debate and careful consideration of the country's political circumstances, and said it was held in high regard by the Pakistani people and democratic forces. The minister welcomed questions from lawmakers about the reasons and material underpinning the emergency, saying the government was available to respond to members on both sides of the aisle.

He also said a final effort at negotiations had been made, but declined to discuss the competing political accounts, saying he was addressing the legal aspects of the decision. "I am speaking only from a legal point of view," he said.

Thanking the NA speaker and Senate chairman for allowing detailed debate, Tarar urged lawmakers to examine the proclamations and give reasons for their decision. "The Constitution of Pakistan gives you the authority to decide on this," he said.

Leader of the Opposition in the NA, Mahmood Khan Achakzai, addressing the joint session of Parliament, questioned how terrorists continued to enter Pakistan despite the construction of a 20-foot-high wall along the Afghanistan border, while blaming the country's internal shortcomings and past policies for the prevailing security situation.

"I say this with God as my witness that the circumstances in which our country has become trapped are the result of our own internal shortcomings," he said. Achakzai recalled that the Constitution had been framed with great difficulty following the breakup of Pakistan, which he attributed to personal egos.

"Pakistan was also divided because of our egos," he said. Criticising the imposition of governor's rule in K-P, Achakzai said those in power were also bound by constitutional rules and regulations.

Achakzai also alleged that institutions had mistreated eight members, questioning the conduct of those responsible. Achakzai stressed that political negotiations should be based on parliamentary supremacy and the rights of provinces over their resources.

He said the opposition was prepared for unconditional negotiations within the framework of the Constitution. Achakzai also called for the formation of an alliance of political parties that believed in democracy. He alleged that a plan had been devised to seize the resources of the provinces and warned that the people would resist any such move.

Achakzai called for the rights of Seraiki, Sindhi, Pashtun and Baloch communities over their resources to be recognised.

Turning to terrorism, Achakzai said he would quit politics if terrorism was not eliminated. "If terrorism is not eliminated, I will leave politics," he said.

He also called for an end to the reliance on weapons and the use of force, warning that public anger could lead to a strong reaction. Achakzai also alleged that the opposition's chief minister and members of the provincial assembly had been abducted.

"You are kidnappers. You are terrorists," he said. Referring to restrictions on meetings with the PTI founder Imran Khan, Achakzai questioned the legal basis for preventing access to him. Achakzai also referred to the treatment of the political leader, alleging that those now leading the government had previously forced their own leader to leave Attock Fort.

"For God's sake, have mercy on this country," he added. Achakzai said the opposition would have supported the government if the circumstances had justified such support. He further alleged that police had detained one of his associates at Karachi Company on the 26th, stripped him, and recorded a video with a girl to send to his wife.

Referring to the February 8 elections, Achakzai challenged government lawmakers to swear that they had genuinely won their seats.

He questioned the legitimacy of the election results and asked lawmakers to swear by their family members that they had won the elections.

Gohar urges government to withdraw terrorism allegations against PTI

PTI Chairman Barrister Gohar Ali Khan, addressing the joint session of parliament, rejected allegations that his party was supporting terrorism, saying PTI condemned terrorism in all its forms.

Gohar said the government had accused PTI of supporting terrorists, an allegation he categorically rejected. "Decide whether we are supporting terrorists or not," he said, adding that the prime minister had deeply hurt the party through such statements.

He condemned the allegations and warned that they could have repercussions at the international level. "The Pakistan Army is ours. We live and die in Pakistan," he said, accusing the government of putting the federation at stake.

Gohar reiterated that PTI condemned all forms of terrorism and accused the government of removing an entire provincial government out of fear of a single meeting. "If we are supporting terrorism, then hang us," he said, questioning whether the government considered PTI members part of the country.

He warned that future generations would force the government to apologise for its allegations, maintaining that PTI could be accused of many things but could never support terrorism. He urged the government to withdraw the allegations as soon as possible.

The PTI chairman also rejected the imposition of emergency and governor's rule in K-P, as well as the decision to call in the army. "We reject your emergency, governor's rule and the calling in of the army," he said, adding that PTI would work towards building a Pakistan in which those responsible would be held accountable.