December 25, 2003	Thursday	Ziqa’ad 1, 1424

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ISLAMABAD, Dec 24: The ruling PML-Q and the MMA on Wednesday signed the much-awaited deal on the constitutional amendment package, with the former agreeing to accept the latter’s proposals on all the seven sticking points in return for its support in getting the LFO passed from parliament in the shape of a bill.

Under the deal, the government has agreed to (1) withdraw the three-year extension in retirement age offered to superior court judges, (2) keep the local governments under the Sixth Schedule for six years, (3) set up the National Security Council under an act of parliament, (4) the decision to dismiss a government under 58(2)b will be referred to the Supreme Court within 15 days, (5) the president will seek vote of confidence from the electoral college, (6) the president will consult the prime minister on the appointment of armed forces chiefs but will not be bound by the advice of the PM, and (7) the president will give up his uniform by December, 2004.

The constitutional amendments package will be tabled in the National Assembly on Friday and will be passed before Jan 1, whereas President Gen Pervez Musharraf will take vote of confidence from the electoral college on Jan 2, official sources said.

The agreement was signed by Chaudhry Shujaat Hussain and senator S.M. Zafar from the ruling PML-Q side and Maulana Fazlur Rahman, Liaqat Baloch and Hafiz Hussain Ahmed from the MMA side.

However, Prof Sajid Mir, who had presided over the MMA’s supreme council in the day which endorsed the agreement, and Maulana Samiul Haq were conspicuous by their absence. MMA’s acting chief Qazi Hussain Ahmed also could not attend the signing ceremony as he is abroad.

The MMA, which had earlier said it will abstain at the time of confidence vote for Gen Musharraf, has agreed under the deal that its MPs will remain present in parliament and the four provincial assemblies and will not involve themselves in canvassing against the president.

Prime Minister Mir Zafarullah Khan Jamali oversaw the signing of the accord. The ceremony was held at the residence of Chaudhry Shujaat Hussain.

Prominent among others present were former president Sardar Farooq Ahmed Khan Leghari, Aftab Ahmed Khan Sherpao, senator Babar Ghauri, Hamid Nasir Chattha, Ijazul Haq, Gohar Ayub Khan, Salim Saifullah Khan, Gen Majeed Malik and federal ministers Sheikh Rashid Ahmed and Humayun Akhtar Khan.

Surprisingly, none of the leaders of the PPP Patriots, one of the major coalition partners in the Jamali government, was present at the ceremony.

Welcoming the agreement, Mr Jamali said he had promised to the nation after Eidul Fitr that the constitutional wrangle would be resolved within Shawwal, which was fulfilled as the deal “has been signed on 29th of Shawwal.”

He added: “I am thankful to the MMA leadership for showing maximum possible flexibility but the person to whom most credit goes is President Gen Pervez Musharraf who extended full cooperation in the finalization of the deal.

The two-page agreement containing ten points and titled “Agreement concerning constitutional amendments between ruling party and MMA” was read out by MMA’s deputy secretary-general Liaqat Baloch at a news conference held afterwards.

The agreement is as under:

1. The president, after dissolution of the National Assembly will file reference in the Supreme Court in support of his action within fifteen days. The SC will decide the case within 30 days which will be final and will be enforced and the same method will be adopted in article 112 (concerning provincial governors).

2. The National Security Council (NSC) will be set up through an act of parliament instead of being part of the Constitution and necessary amendment will be made in the Constitution to that effect.

3. The discretionary powers attained by president under article 243 will be changed and will be made subject to consultation of prime minister.

4. The articles 27, 30 and 35 (concerning the local government order) will be deleted from the 6th schedule after six years and a committee headed by prime minister and consisting of four provincial chief ministers will be set up to propose unanimous proposals for reformation of local government system. As a result, president will allow the provincial assemblies to bring amendments to the local government order.

5. The retirement age of Supreme Court and high court judges will remain the same which was before giving them extension.

6. Article 63(1)d (concerning separation of president and COAS offices) will come into force from December 31, 2004.

7. The Constitution will be amended to provide for the president to get vote of confidence from the National Assembly, the Senate and four provincial assemblies within thirty days and it will be an alternative to the president’s election (president shall be deemed to be elected) and this process will not be challengeable in any court or authority. The government will issue necessary notification of rules and regulations for the method of division or otherwise.

8. For amendments to the Constitution the method of passing of 8th amendment will be adopted, which means parliament will endorse the agreed constitutional amendments by two-thirds majority under article 270 AA.

9. It was agreed that the amendment giving president continuity in office for the ongoing term will be supported. Moreover, the members of MMA will not be bound to cast vote of confidence for the president in the Senate, NA and provincial assemblies. MMA members will not cast vote against the president nor will they show any activity of opposing him. And all MPs belonging to the MMA will remain present in parliament and the provincials assemblies.

10. Under this agreement the ruling party and the MMA will present a joint constitutional bill in the National Assembly and both will be bound to pass the same by two-thirds majority before January 1, 2004.

Earlier in the day, the MMA supreme council endorsed the constitutional package.