ISLAMABAD, Aug 6: The government and the Muttahida Majlis-i-Amal on Wednesday smoothed their differences on two key provisions in the Legal Framework Order, and decided that the remaining bone of contention about when President Gen Pervez Musharraf would lay down his uniform would be decided by the president and the MMA leaders.
Official sources privy to the government-MMA talks told Dawn that both the parties have struck agreement on the president’s discretionary powers under Article 58(2)(B) and the establishment of the National Security Council.
The president would enjoy the power to dissolve the National Assembly if a situation arose when the running of the government became impossible, but the order would attain finality only when the Supreme Court approved it. The dissolution order would be referred to the Supreme Court automatically.
To give effect to this agreement, amendment to the Constitution outside the LFO would be made, and the 90 days period for holding fresh elections would start from the date when the Supreme Court would give its opinion on the dissolution order passed by the president.
The National Security Council, which was proposed by President Gen Pervez Musharraf to “formalize the role of the armed forces in politics” would not be a constitutional body. It would be created through an act of parliament. Its position would remain as a “consultative body.” It would not be a supra-constitutional institution, as was apprehended by the MMA.
The sources said the issue of the president’s uniform would be tackled discreetly, implying that it would not be put down in writing when he would lay off his uniform. Instead, it would be between the leadership of the MMA and President Musharraf, who would take the former into confidence on the issue.
The sources said the issue which was yet to be decided was whether the judges of the superior courts who have attained the age of superannuation should be asked to go home or be allowed to remain on the bench.
The MMA leadership is insisting that six judges — three of the Supreme Court and three of high courts — who have crossed the constitutional age of retirement should be relieved, and that parliament would give extension to the remaining judges.
The government, the source said, is trying to persuade the MMA that the members of the judiciary should not be embarrassed.
The formal announcement of the agreement between the MMA and the government is likely this week, after the meeting of the MMA leadership with President Musharraf.
The official sources are hinting that an announcement might be made after the federal cabinet meeting on Thursday.
The news of this development came as the MMA leadership went into discussion with the president’s team on the proposed draft constitutional package on Wednesday.
The meeting was continuing till the filing of this report, sources said.
The draft package includes contentious articles of the LFO which were pointed out by the MMA during the first round of talks held on Sunday with the government team led by Prime Minister Zafarullah Khan Jamali.
MMA president Maulana Shah Ahmed Noorani, vice-president Qazi Hussain Ahmed, secretary-general Maulana Fazlur Rehman and deputy secretary-general Liaquat Baloch met to chalk out strategy before going into talks with the president’s team.
Sources said Maulana Fazl was flown to Islamabad from Dera Ismail Khan in a special helicopter to make sure that the “special session” was held on Wednesday evening.
The president’s team was believed to be consisted of Mr Jamali, PML-Q chief Chaudhry Shujaat Hussain, president’s top aide Tariq Aziz and some ‘non-political’ people.
Sources said the government had decided that the draft would be discussed between the president’s team and the MMA leaders before convening of a party heads’ meeting.
Sources said if the discussion on the draft package was completed by late night, then the party heads’ meeting might be convened on Thursday.
The MMA leadership has been stressing that it has not deviated from its stated position on the LFO or the president’s uniform while the ARD’s component parties contest the claim.
Sources said the MMA had been informed of a decision taken at the government level that the draft constitutional package would only be put before the government-MMA meeting and would not be delivered to the MMA to avoid controversy.
































