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June 23, 2003 Monday Rabi-us-Sani 22,1424

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Patriots to be issued notices: Aitzaz



By Our Staff Reporter


ISLAMABAD, June 22: The PPP dissidents, who have named themselves as PPPP (Patriots), will be issued notices to explain why they voted in support of money bill.

Chaudhry Aitzaz Ahsan, main legal brain of the Pakistan People’s Party Parliamentarians, told Dawn on Sunday that now the Patriots had come in the open after voting in favour of money bill against the party direction.

He said the Central Committee of the PPPP was meeting next month in which the issue of defectors would be discussed and they would be asked to explain their position why they voted against the party direction.

A PPP(P) official told Dawn that Ms Benazir Bhutto, in her last meeting in Dubai, had assigned Chaudhry Aitzaz Ahsan to initiate legal action against the defectors.

The defection law, as amended under the LFO, states that it applies to parliament or provincial assembly members in three eventualities — when they vote or abstain from voting contrary to a direction issued by their parliamentary party in election of the Prime Minister or the Chief Minister, or in a confidence or a no-confidence, or on a money bill.

When the alleged defectors voted on first two occasions, the defection law was not in operation, and was kept in abeyance purposefully, but now they have voted on money bill contrary to the direction of the parliamentary party leader.

Under the law, if the parliamentary party leader, after giving opportunity to the alleged defector to explain his position, declares that such a member has defected, the speaker would refer his case to the Election Commission. The EC’s decision, is open to challenge in the SC.

The PPPP (P) led by Rao Sikandar Iqbal had supported the PML-QA nominee for the prime minister against the party line. They got a major share in the cabinet for changing their loyalties.

The PPP (Parliamentarians) led by Makhdoom Amin Fahim, has not so far initiated any action against the defectors. They had defied the party line when the anti-defection provisions of the constitution were held in abeyance.

Dr Sher Afghan Khan Niazi, parliamentary party leader of PPPP Patriots, said that his party was no longer part of PPPP and no proceedings could succeed as they had severed all their links with the PPPP, before the Constitution was fully revived.

Legal sources in PPP Parliamentarians admit that date of registration of Patriots as a separate political party was crucial as the acts before the revival of the constitution were covered under the PCO which was validated by the Supreme Court under the doctrine of State Necessity.

Under the law, PPP led by Ms Benazir Bhutto does not exist as it has not been registered as a political party, as the Political Parties Order 2002, enacted by Chief Executive Gen Pervez Musharraf, prohibited a convict to head a political party.






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