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02 November 2004 Tuesday 18 Ramazan 1425

Muslim Matrimonial
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Senate passes twin-office bill amid protests

By Raja Asghar


ISLAMABAD, Nov 1: The government majority had the last word in the Senate on Monday as it passed the controversial bill allowing President Pervez Musharraf to remain army chief beyond Dec 31 amid opposition protests and after a surprise snub from a senior ruling party figure.

The passage of 'The President to Hold Another Office Bill' by a voice vote after a comprehensive debate contrasted with the haste in which it was rushed through the National Assembly 18 days ago.

"No, no", "go Musharraf go" and "down with permanent martial law", opposition members chanted as Senate Chairman Mohammedmian Soomro put the bill to vote at the end of a five-day debate that was dominated by their denunciation of the move that the government said was necessary to give the president enough powers to safeguard national interest and combat terrorism and subversion.

While opposition members kept on attacking the bill with charges such as cheating and negating the constitution, the ruling coalition received the most damning rebuke from one of its own senior members, S.M. Zafar, who said the new law was 'premature and unnecessary' because the president was yet to decide whether to retain the army chief's office. He also left the house before the vote on the bill.

Pleading with Gen Musharraf to separate the offices of the president and the Chief of the Army Staff as promised by him before reaching a key agreement with the MMA on constitutional amendments, Mr Zafar urged the opposition parties not to close their doors to negotiations for reconciliation with the government.

Mr Zafar brokered the government-MMA agreement for the passage of the 17th amendment in a trade-off for a promise by the president to give up as army chief by Dec 31, 2004.

The 17th amendment also has a provision that a constitutional ban on the president to hold another office of profit would be applicable from Dec 31. But the new bill exempts Gen Musharraf from that ban.

"I believe the passage of this bill is both premature and unnecessary," Mr Zafar said after noting that the president was yet to announce a decision on the issue.

"I believe the power of the president lies in his leadership and not in the office or offices he holds," Mr Zafar said and added: "He has all the qualities of a great leader."

Mr Zafar referred to what he called a 'complex civil-military relationship' overshadowing Pakistan's political history and said President Musharraf had taken 'historic and difficult decisions' that won worldwide recognition.

TIRESOME TANGO: "I firmly believe, with conviction, that Gen Musharraf has a great chance of changing the course of history," he said and added: "He has a rare chance and he can end this tiresome tango between the military and civilians. He could do so by separating the offices of the president and the chief of the army staff."

Mr Zafar's obvious deviation from the ruling party line was cheered with desk-thumping by opposition benches but that seemed to be ignored by his colleagues in the ruling coalition, who did not seem to be in harmony also about the army's role in the country's governance.

While Leader of the House Wasim Sajjad took pains to explain that the present bill was not a permanent but only a transitional arrangement to 'secure democracy...and democratic institutions in Pakistan', Minister for Law, Justice and Human Rights Wasi Zafar urged politicians to accept a permanent role for the army in the country's governance.

"Both (sides) should get together, accept each other, share power and both should govern the country effectively," said the minister, who seemed to be upset by opposition's boycott of his speech and the observations of Mr S.M. Zafar before him.

"We must look forward to a join rule by the armed forces, the establishment and politicians," the minister said before opposition members returned to the house to oppose the passage of the bill with 'no, no' chants and other slogans.

Wasim Sajjad, who wound up the debate after more opposition speeches, including those of PPP's Raza Rabbani and Farhatullah Babar, denied opposition arguments that President Musharraf would violate his oath as army officer not to engage in any political activity by retaining the office of army chief.

He invited opposition jeers as he said that the president would be holding another office in the same manner as Lord Chancellor of Britain occupied three offices, including those of a judge and the speaker of the House of Lords.

While the opposition parties continued their noisy protest, the government rushed through three more bills that had already been passed by the National Assembly before the house was adjourned until 10am on Tuesday.

One of them, the Anti-Terrorism (Amendment) Bill gives right of appeal to a complainant against acquittal orders passed by a special court.

The Code of Civil Procedure (Amendment) Bill amends section 102 (b) of the Civil Procedure Code, 1908, to empower provincial governments to notify the amount or value of the subject matter of an original suit for the purpose of a second appeal.

Also adopted by the upper house was the Defamation (Amendment) Bill designed mainly to protect the fame of public figures by enhanced punishment and speedier trial for slander.

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