Senate, NA meet today amid controversy over judicial reforms

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2024-09-14T06:27:19+05:00 JAVAID UR RAHMAN

Kh Asif claims ruling coalition has two-thirds majority to move forward.  Constitutional package not included in today’s sittings of both houses of parliament n PTI fears floor crossing.  NA Speaker approves Parliament Lodges as sub-jail for PTI MNAs.

ISLAMABAD  -  The federal government is all set to introduce ‘constitutional amendment’ in today’s National Assembly sitting, aimed at extending the retirement age of superior judges. The coalition government is confident to achieve the magic figure required in the National Assembly to amend the Constitution.

The number game in the parliament is taking center stage as the government and opposition maneuver around a proposed constitutional amendment to extend the tenure of the Chief Justice of Pakistan (CJP) Qazi Faez Isa.

As his retirement approaches on October 25, 2024, the ruling clique has almost prepared its legislative move to increase the retirement age of Supreme Court judges. This amendment which is being introduced today (Saturday), if passed in later stage after legislative business, would not only extend Justice Isa’s tenure but also reshape the judiciary’s structure for years to come.

To pass such a constitutional amendment, the government needed a two-thirds majority in the National Assembly, meaning they required 224 votes out of 336 seats. The ruling coalition – led by the Pakistan Muslim League (Nawaz) and the Pakistan People’s Party - holds 212 seats, leaving them 12 votes short, which it claims to achieve after getting support of JUI-F and some independent lawmakers.

As the government has aligned with Jamiat Ulema-e-Islam (Fazl) and secured support from several independent members, bringing their count to the required “224”.

Minister for defence Khawaja Asif while talking to media on Friday expressed confidence that the ruling coalition now has the necessary majority to move forward.

On the other hand, the opposition parties, led by Pakistan Tehreek-e-Insaf (PTI), are opposed to any move that extends the tenure of the Chief Justice. Justice Qazi Faez Isa is known for his firm stance on judicial independence and accountability.  

If the government succeeds in passing the amendment, it would signal a major victory for the ruling coalition. Last week, PPP supremo President Asif Ali Zardari hosted a dinner in honor of several prominent parliamentarians from political parties who are part of the coalition.

At the event, he stressed the critical importance of fostering political stability and strengthening parliamentary democracy in Pakistan as essential steps for steering the nation towards sustainable development.

In Friday’s proceedings, Minister for defence Khawaja Muhammad Asif left the membership of the special committee formed for the Charter of Parliament, saying that it seemed the committee was formed only to address PTI’s concerns.

The development comes a day after Asif, PTI Chairman Barrister Gohar Ali Khan and Sunni Ittehad Council (SIC) Chairman Sahibzada Hamid Raza got engaged in a heated argument in the maiden meeting.

During the session, Minister criticised the past actions, recalling a phone call from Lieutenant General (retd) Faiz Hamid during the Senate elections.

“Yesterday it seemed that the special committee was only formed to address PTI’s reservations after the meeting started.”

This committee was created for making the working of the parliament better for supremacy of the Constitution. “I don’t want to be part of the committee,” he said adding that the things that have been condemned were repeated during the meeting yesterday.

“A separate committee should be formed to remove PTI’s concerns,” he said, demanding that the PTI should express regret for its actions during its four-year government era.

Earlier, National Assembly was informed that the federal government is financing construction of thirty-two dams during the current fiscal year.

Minister for Water Resources Musadiq Malik told the House during Question Hour that once completed, these projects would have a capacity to store about 8,429,288 acre feet of water. The new areas which would come under irrigation after completion of the dams would be 436,934 acres.

The government has summoned both the houses of the parliament over the weekend (today), increasing the likelihood that it would bring in a much-hyped but controversial constitutional package after getting the required two-third majority.

There were some conflicting claims from the top government functionaries over the expected move, with Defence Minister Khawaja Muhammad Asif saying that the ruling parties are ready to introduce a constitutional amendment bill in the parliament today and Law Minister Azam Nazeer Tarar giving some opposite version.

The government has called sessions of the National Assembly and the Senate in an unusual manner as both the houses don’t work on the last two days of the week, when in session. The two houses have cancelled the holiday of their staff and their secretariats will remain open till “conclusion of the sessions,” according to separate notifications issued by them.

“We will introduce a constitutional amendment bill in the NA tomorrow (Saturday) as we have achieved the number game,” said Defence Minister Asif in his informal talk with reporters at the Parliament House.

Both Senate and NA secretariats have issued their separate orders of the day for today’s sittings but no constitutional amendment bill or constitutional package is part of their agendas. However, rules of business allow that any such bill can be introduced in any house through a supplementary agenda.

Experts believe that the ‘controversial’ constitutional amendment bill is aimed at bringing major structural changes in the superior judiciary, affecting the seniority principle for the appointment the chief justice of Pakistan (CJP).

The opposition Pakistan Tehreek-e-Insaf (PTI) has already alleged that the constitutional package is meant to block the appointment of Justice Mansoor Ali Shah as the CJP after the retirement of his predecessor Qazi Faez Isa on October 25 this year.

The ruling coalition needs 224 votes in the 336-member National Assembly and 64 votes in the 96-member Senate to get pass a constitutional amendment, which accounts for two-third majority in both the houses. Apparently, the ruling parties lacked two-third majority in both but the votes of the lawmakers of Jamiat Ulema-e-Islam-Fazl (JUI-F) are likely to play a crucial role in getting passed the judiciary-centric legislation. The three votes of Awami National Party (ANP) in the Senate have also gained significance.

Law Minister Azam Nazeer Tarar gave a different version saying that both the sittings have been summoned due to arrests of PTI members of National Assembly (MNAs) within the premises of the Parliament House on September 9 and 10. He claimed that Speaker NA Sardar Ayaz Sadiq has issued their production orders and the same would remain intact if the lower house would be in session.

The claim is unacceptable for many because the speaker has issued production orders of 10 MNAs for the entire sittings of the present session. He has also declared Parliament Lodges as a sub-jail for their stay after they attend every sitting of the lower house.

An official of the Senate Secretariat also rejected the argument of the law minister by saying that there was no purpose of summoning the sitting of the upper house if anyone accepts it. He added that the secretariat was unaware of the reason behind summoning the sitting on a holiday but some important development couldn’t be ruled out on the day.

‘Floor crossing’

The opposition parties have been opposing the constitutional package for the last several months. The official sources privy to the development informed that PTI fears its four or five MNAs can cross the floor and vote in favour of the constitutional amendment bill. They say that these lawmakers are among those 41 MNAs who still have the status of independents as the electoral body has not declared them returned candidates till yet, in violation of the ruling of the Supreme Court in reserved seats case.

The ruling coalition has 212 votes in the NA and it still needs four or votes even if JUI-F supports the constitutional amendment bill.

Addressing a press conference here, PTI senior leader Salman Akram Raja said that the ruling coalition has planned to introduce a constitutional amendment bill in the parliament today. He alleged that some PTI MNAs were being abducted and forced to give vote in favour of the proposed constitutional amendment bill. “The purpose of this amendment is to give an extension in the tenure of CJP Qazi Faiz Isa.”

Raja said PTI MNA Saad Ullah Baloch was missing for three days. He said at first Baloch’s wife, 16-year old daughter and aunt were picked up allegedly by people of intelligence agencies after they broke into his house. He said the family members were released only after Baloch surrendered before them.

JUI-F indicates voting for package:

While speaking to reporters at the Parliament House, the JUI-F chief Maulana Fazlur Rehman indicated support for the constitutional package. “We will look into if some proposal about constitutional reforms comes,” he said. His remarks came a day after he had opposed the proposal to give an extension in the tenure of CJP Isa.

‘Sub-jail for PTI MNAs’

National Assembly Speaker Sardar Ayaz Sadiq has approved the designation of Parliament Lodges as a sub-jail for Pakistan Tehreek-e-Insaf (PTI) MNAs arrested a couple of days ago

All the arrested PTI MNAs are expected to be transferred to the Parliament Lodges (sub-jail declared for them). Speaker Ayaz Sadiq has also issued production orders for ten PTI members, ensuring their presence at the National Assembly proceedings.

The decision is intended to enable the detained MNAs to attend the 9th session of the National Assembly, scheduled after the issuance of production orders on 11th September 2024.

The following MNAs includes Sher Afzal Marwat, Amir Dogar, Zain Qureshi, Sheikh Waqas Akram, Muhammad Ahmad Chattha, Zubair Khan, Owais Haider Jhakkar, Syed Shah Ahad Shah, Naseem Ali Shah, and Yousuf Khan will be shifted to Parliament lodges.

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