KARACHI, Jan 29: The Speaker of Sindh Assembly, Syed Muzaffar Hussain Shah, on Wednesday ruled ‘out of order’ the opposition’s objections that the requisitioned session of the assembly was not being convened and, instead, preference was being given to the government agenda.
The Speaker’s ruling came on the points of order raised by the Leader of the Opposition, Nisar Ahmed Khuhro, Syed Qaim Ali Shah and Syed Murad Ali Shah of the Peoples Party Parliamentarians.
Expressing disagreement with the ruling, the opposition members staged a token walkout.
On Jan 18, Mr Khuhro had submitted a plea for the summoning of the requisition session under Article 54(3) read with Article 127 of the Constitution. It was signed by 62 MPAs who wanted a debate on, among other things, the delay in the announcement of the NFC Award and its implications on Sindh.
The opposition had also sought discussion on growing unemployment amid continued ban on fresh recruitments by the provincial government. Other issues on the opposition’s six-point agenda were the effects of Thal canal project on the province, deteriorating law and order situation, government’s inaction on the sugarcane growers’ grievances, and interference on the part of the provincial government and its functionaries in the recent byelections in Sindh.
The requisition was accompanied by six separate adjournment motions under Rules 41 and 72 of the Rules of procedure.
The Speaker read out his order on the floor of the House. He said that he was to summon the session on Jan 30, when on Jan 21, the provincial governor summoned the provincial assembly to meet on Jan 27.
When the session summoned by the governor commenced on Jan 27, the Leader of the Opposition Nisar Khuhro, Mr Qaim Ali Shah, and Mr Murad Ali Shah, through points of order, urged before him that notwithstanding the fact that the governor of Sindh had summoned the session of the provincial assembly of Sindh from Jan 27, the Speaker should announce a date for summoning a session of the provincial assembly to discuss the agenda mentioned in the application for requisitioning the session in terms of Article 54(3) r/w Article 127 of the Constitution of the Islamic Republic of Pakistan.
Reliance was placed on the ruling of the Chairman of the Senate, Mr Wasim Sajjad.
The Speaker, in his ruling, observed that Wednesday was the third day of the session, summoned by the governor, during which the situation of law and order in the province of Sindh was still being discussed and debated on a motion moved by the Home Minister of Sindh.
The subject pertaining to the delay in the announcement of the NFC Award, and its effect on the province of Sindh were discussed on the resolution moved by a private member on Tuesday, he recalled and added that the session was still continuing and the adjournment motions on other subjects mentioned in the requisition could be taken up, as they were adjournment motions under Rules 41 and 72 of the provincial assembly of Sindh.
He said that the purpose of Article 54 (3) of the Constitution was that a session of the provincial assembly should be summoned, and it would be pertinent to mention, that the assembly continues to be in session, in which the above-mentioned adjournment motions were liable to be taken up in accordance with the rules.
Syed Muzaffar Hussain Shah held that after going through the ruling cited by the members, he was of the opinion, that the facts and circumstances related above, were clearly distinguishable.
At the conclusion of the session of the provincial assembly, if the members who had submitted their requisition, felt that there were subjects that they sought to raise, the same could be done through a fresh application for requisitioning the assembly session, he ruled.
The same view in identical circumstances, was taken by the former speaker of the provincial assembly on June 16, 1998. A similar view was also taken by the former speaker of the provincial assembly vide his order dated April 15, 1991.
Therefore, he held that the points of order were ruled out of order.
Nisar Khuhro maintained that this ruling was not based on the spirit of justice.
“I am staging a token walk out on your ruling,” he said and walked out of the hall along with the MPAs belonging to the PPP Parliamentarians and Muttahida Majlis-i-Amal.
He was of the view that after the opposition had submitted the adjournment motions for the requisitioned session, the government which was non-responsive to the problems being faced by the people of Sindh, woke up and called the session and also included the subjects on which the opposition wanted discussion.
































