ISLAMABAD - PML-N government and PTI have finally resolved certain issues causing hindrance in setting up the much-awaited judicial commission to probe rigging allegations in general election 2013, which might also pave way for the latter to rejoin National Assembly.
Both the parties, after over three months deliberation in numerous rounds of talks, have agreed on Terms of Reference (ToRs) to form a 'judicial commission' — a basic condition of Imran Khan to participate in the proceedings of Lower House of the Parliament.
"We have reached consensus to set up judicial commission. Some main points, which were not being resolved, have finally been agreed upon," said Finance Minister Ishaq Dar, in a joint press conference after meeting with PTI's main leaders. He was flanked by PTI leader Shah Mehmood Qureshi and Jahangir Tareen.
Dar, representing government side, said that PTI and the government have agreed on all ToRs which could not be settled for last some months. "PTI has shown much flexibility that helped framing the agreement," he added.
Dar also lauded the efforts of opposition jirga for making efforts to convince both the parties for consensus on the draft. The opposition after taking ToRs from both the parties had recently given one more ToRs draft to both sides a couple of days before. To a question, the finance minister said the government side would soon share the copy of this agreement with other political parties.
Sharing his party's point of view, Shah Mehmood Qureshi said that both the parties showed flexibility to set up the judicial consensus. "The use of right to vote (through fair elections) is basic to democracy and we are pursuing this agenda," he said, adding that they want to develop a system which is respected by all.
Another PTI leader also appreciated the efforts of opposition jirga leaders including Sirajul Haq of Jamaat-i-Islami (JI) and Senator Rehman Malik of Pakistan People's Party (PPP), Senator Mir Hasil Bizenjo from National Party and Dr GG Jamal from Fata for playing positive role to overcome the differences.
Talking to The Nation, Dar said that there were some hindrances over three points which have been resolved finally. "We will take other parties into confidence shortly. It is our wish that all parties play their democratic role in the country," he added.
Earlier, opposition jirga welcomed the meeting of negotiation teams of PTI and government to discuss ToRs proposed by the political jirga. Senator Rehman Malik also talked to PTI leader Jahangir Tareen and thanked him for accepting their proposals.
Sources said that there was deadlock between the government and Pakistan Tehreek-e-Insaf over definition of rigging as earlier both the parties despite many rounds of talks failed to reach consensus over the issue.
Another point of contention was on the way for removing the hurdle posed by Article 225 of the Constitution in implementation of the decision made by the judicial commission in case it finds that elections were rigged because as per this Article election disputes can only be resolved by an election tribunal.
Article 225 reads, "No election to a House or a provincial assembly shall be called in question except by an election petition presented to such tribunal and in such manner as may be determined by Act of Majlis-e-Shoora (Parliament)."
It may be mentioned here that the opposition jirga in a bid to end the standoff between PTI and PML-N, proposed a final package of suggestions, calling for setting up of a judicial commission comprising three Supreme Court judges to investigate the election rigging allegations. The opposition consultative body in its nine-point ToRs forwarded to both the sides suggested that the judicial commission shall be able to co-opt the services of any law enforcement agency (including ISI, MI, FIA, IB, Nadra).
A copy of the proposed ToRs formulated on the basis of joint suggestions given by PTI, PML-N and the jirga made available to The Nation, says, "The commission shall investigate into the allegation of rigging against the caretaker setup with the view to find if there was any benefit given to a particular party/candidate.
"This judicial commission shall be governed through General Elections 2013 Inquiry Commission Ordinance, 2015 duly agreed between PTI & PML-N," according to one of key suggestions of the draft. The proposals say that the government would be bound to act on the findings of the commission.
"The commission shall investigate into the allegations of rigging as alleged by the complainants and each complainant will have to present some evidence to commission," it says. The commission, the draft says, shall inquire and determine whether it has been established if there was any rigging on an overall basis and if it was by design to benefit any individual or a party.
"The commission shall examine if the 2013 general elections were manipulated or influenced with the view to benefit any party or individual through systematic efforts against the spirit of the constitution," according to ToRs, recommending specific legal action under the relevant law against those who abetted and found involved in rigging.
"The judicial commission shall be fully empowered to constitute 'investigation teams' to ascertain facts and provide authentic information/reports to the judicial commission," says the proposed draft, adding that the proceedings of the commission shall be open and not in-camera. It was also mentioned that the outcome of report of the commission would be made public within the period of 45 days.
PTI was adamant on its stance for the formation of judicial commission as party's lawmakers have submitted resignations to the National Assembly Secretariat. The PTI lawmakers who submitted resignations last year include Imran Khan, Sajid Nawaz, Dr Imran Khattak, Ali Muhammad Khan, Mujahid Ali, Aqibullah, Sheharyar Khan Afridi and Khaila Zaman Orakzaie and others.
Speaker Ayaz Sadiq and Deputy Speaker Murtaza Javed Abbasi in previous sessions had informed the house about the continuous absence of PTI members from proceedings sans any intimation. According to rules of business, if a parliamentarian is absent without leave for 40 consecutive days of house sittings, the speaker shall bring it to the notice of the assembly.