In session: House says aye to five bills and nay to one

After heated debate, CM says security ordinance will be discussed later in select committee.

PESHAWAR: Lawmakers of the Khyber-Pakhtunkhwa (K-P) Assembly spent a busy day passing the K-P Restriction of Rented Buildings (security) bill 2014, Public Private Partnership bill 2014, Journalist Welfare Endowment bill 2014, K-P Energy Development Organisation bill 2014, and K-P Medical Transplantation Authority bill 2014.

While they said aye to those bills, the treasury bench said nay to a resolution moved by the opposition, Qaumi Watan Party (QWP), asking the assembly to reject the K-P Sensitive and Vulnerable Establishment and Places (security) ordinance 2014.

After a heated argument between the treasury and opposition members, the chief minister said that the government would discuss the ordinance with select committee to address concerns.

The resolution was jointly moved by QWP parliamentary leader Sikandar Sherpao and Anisa Zeb Tahirkheli. They said that the security of a person was the right of every citizen, while maintaining law and order was the primary responsibility of the provincial government.

The resolution read that the said ordinance ignores all principles of governance and rests the burden on citizens to curb terrorist activities and provide security to sensitive and vulnerable places by themselves.

In his speech, Sherpao said the 18th Amendment discourages the issuance of ordinances to ensure collective wisdom shall be reflected in the law.

He said this ordinance violated fundamental rights enshrined in the Constitution and infringed citizens’ right. He added that any law violating fundamental rights was void under section VIII of the Constitution.

Sherpao claimed as fundamental rights were drawn from the Constitution, therefore, these have an overriding effect on general laws. He drew the house’s attention to finer legal points and court decisions and said the ordinance was a violation of basic rights and the house should reject it.

According to Sherpao, security arrangements were the government’s responsibility and it was shifting this onto the people. He said the police also wanted to use this law as a cover for any incidents. He added that tomorrow, after a big incident, the police could just say that while they had informed the people, it was the people who never took any precautions.

He claimed that if the government does not fulfil its responsibility towards the citizens, then how does it expect them to abide by the laws. Citing sections from the bill, Sherpao said that as security arrangements, people have to arrange for all kinds of gadgets and equipment. He added that the definition of sensitive and vulnerable places includes everything under the sun.

Anisa Zeb Tahirkheli also opposed the law; however, one of her comments annoyed the treasury members who stood up after senior minister Sirajul Haq drew the house’s attention towards it. Opposition lawmakers also stood up but deputy speaker Imtiaz Shahid quickly restored order. Information minister Shah Farman said that if the law violated the Constitution and absolved the government of its responsibility of providing security, then they were ready to discuss it. He said that judicial review was also there in case the law was contrary to the Constitution and the house cannot make any such laws.

Farman also opposed the resolution, asking for a disapproval of the ordinance. K-P chief minister Pervez Khattak assured the opposition that the government will discuss it later.

The session was later adjourned till Friday afternoon.

Published in The Express Tribune, March 20^th, 2014.