June 18, 2003	Wednesday	Rabi-us-Sani 17, 1424

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WASHINGTON, June 17: The Pakistan People’s Party (PPP) submitted a brief to the White House on Tuesday that describes the Legal Framework Order 2002, as infringing upon the principles of federalism, parliamentary sovereignty and the judicial independence.

In the brief, the party also agrees to grant indemnity to President Pervez Musharraf if a similar indemnity is granted to politicians elected before the military takeover of Oct 19, 1999.

The document portrays the LFO as against the basic structure of the Constitution and proposes a general discussion in parliament on each amendment done through presidential decrees.

PPP Senator Dr Abdullah Riar told Dawn that he had submitted the detailed brief to the National Security Council on the instructions of the party leadership.

Elizabeth I. Millard, director South Asia at the NSC, received the paper, which gives the official position of the PPP on the current constitutional crisis in Pakistan.

According to the brief, the PPP views the LFO as a proposal of constitutional amendments that can be done by parliament alone.

The Supreme Court, which had endorsed Gen Musharraf’s take over in October 1999, had not given the authority to affect structural changes in the Constitution. “We thus deny any Constitutional, or even legal, status to the Legal Framework Order.”

The PPP proposes that a constitutional package be devised and introduced in place of the LFO which is an incompetent and ineffective attempt at legislation:

i- The party will vote for joint electorates.

ii- The party will vote for reserved seats for minorities.

iii- The party will support the devolution plan, which was taken from the PPP manifesto, although it is not being implemented as fairly as it should.

The PPP has prepared a comprehensive constitutional package on all aspects of the LFO and made additional proposals for an independent election commission, caretaker government and a parliamentary committee to prevent political victimization.

The discretionary powers of the president opposed by the PPP include:

a) Article 58(2)(b): the president’s power of dissolution of the assembly;

b) Article 112(2)(b): the corresponding power of the governor with the approval of the president;

c) Article 59 (b) and (c): the manner in which the senators from Fata and the federal capital are to be elected to be prescribed by the president;

d) Article 71(4): the president may in consultation with the speaker and chairman Senate formulate the rules for the mediation committee which is a committee of both houses;

e) Article 101(1): the advice of the prime minister is not binding on the president for the appointment of the governor;

f) Article 152-A: the very concept of the NSC, and the president presiding over it;

g) Article 224 (i) Proviso: the president’s discretion to appoint a caretaker set-up on the dissolution of parliament, and similar discretion vesting in the governor.

h) Article 243 (3): The president’s discretion in the appointment of the chairman and service chiefs and to determine their salaries and allowance.

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