December 15, 2003	Monday	Shawwal 20, 1424

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ISLAMABAD, Dec 14: President Gen Pervez Musharraf would give in writing to the Muttahida Majlis-i-Amal that he would shed his uniform before Dec 31, 2004, but this commitment would not be made a part of the LFO.

The government-MMA teams which were not succeeding mainly because of MMA’s insistence for written assurance that Gen Pervez Musharraf would lay down his uniform, have now been able to find a solution as the MMA will get the assurance in writing and President Musharraf will also keep his word that he would not like to have his name mentioned in the Constitution, as was done by Gen Ziaul Haq.

A source privy to the government-MMA talks told Dawn

that the proposed constitutional amendment bill has already been drafted, but added that it has not yet been “finalized.”

The bill is likely to be finalized in the current week in a meeting of the president with his political aides. These sources are not ruling out the possibility of tabling the proposed bill before any one of the two houses of parliament in the current week.

The only concession which the government is seeking from the MMA is that it should soften its stance on the extension in the retirement age of the judges. One section of the government is trying to get two years extension for the judges of the superior courts and a request has already been made to the MMA leadership for the same.

These sources, however, are not sure if the MMA would agree to drop its demand on this score as also majority of the government team is not very keen for the judges extension.

The government sources told Dawn that the MMA wanted to avoid giving vote of confidence to Gen Musharraf, as it would not suit the alliance politically.

The government’s assessment, however, is that since the MMA has stakes in the present system, it would not like to sabotage the agreement (for which it was holding negotiations for the last one year), only on the voting issue, and opt for a one time vote to Gen Pervez Musharraf.

It is learnt that when the government approached the MMA leadership for two-year extension to the judges, response of the MMA was that no extension would be acceptable for the judiciary in its “present composition.”

The MMA, however, indicated to the government that it would not be averse to the extension to the judges of the superior courts if a bill was moved at some later stage.

The MMA subscribes to the view of the country’s Bar that the extension to the superior judges was an act of reciprocity by the military government.

The judiciary of the country had validated the military take-over (by invoking doctrine of necessity), for three years and in return got three years extension on the night of Nov 9, 2002, when the country was going for elections.

The MMA has also got a concession that in future, the president would appoint the services chiefs in consultation with the prime minister, and not in his discretion. The legal experts are of the view that the president is not bound by the outcome of “consultation” as he is in the case of “advice”.

On Article 58(2)(B), it has been agreed that the president would enjoy the discretionary powers to dissolve the national assembly. The decision of the president, however, would be referred to the Supreme Court for its decision.

The National Security Council would not be a constitutional body as was originally proposed, and would be established through an act of parliament.

About the NSC, the sources said, government was open and was ready to accept it as a body, established by an act of parliament for a certain period and not a permanent body, provided in the Constitution.