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| July 14, 2005 | Thursday | Jumadi-us-Sani 6, 1426 |
Opposition to take up Hasba issue with IIC
PESHAWAR, July 13: The opposition lawmakers in NWFP assembly have formally initiated a debate on the controversial Hasba Bill, despite a rumpus and threat of sending it to the Islamic Ideology Council for further consideration here on Wednesday. When Law and Parliamentary Affairs Minister Malik Zafar Azam rose to table a motion for the consideration of the bill, all the opposition MPAs shouted against the move. Abdul Akbar Khan of the People’s Party Parliamentarians wanted to raise a point of order, but he could not do so owing to the shouting of treasury benches’ lawmakers. When the noise was settled, Speaker Bakhat Jehan Khan allowed Mr Khan to raise his point of order.
Mr Khan informed the House that the combined opposition group has decided to take up the Hasba issue with the IIC before any debate on it. He read out the Article 229 of the constitution, which says: “The president or the governor of the province may, or if two-fifths of its total membership so requires, a House or a provincial assembly shall refer to the Islamic Council for advice any question as to whether a proposed law is or is not repugnant to the injunctions of Islam”.
Mr Khan, while brandishing a paper containing the signatures of 50 lawmakers, said they would send their objection to the IIC to seek the Islamic status of the bill. He said that the assembly could not proceed on the issue till the findings of the ICC.
Mushtaq Ahmed Ghani and Qazi Mohammad Asad of the Pakistan Muslim League-Q, Bashir Ahmed Bilour of the Awami National Party, and Sikandar Khan Sherpao supported the stance of Abdul Akbar and asked the speaker to give his ruling. But, law minister asked the chair to hear him on the issue. “The assembly can make legislation despite the point of order raised by the opposition”, Malik Zafar added.
Rejecting the point of order raised by the opposition MPA, he read out Article 230 (3) of the Constitution, which says: “Where a House, a provincial assembly, the president or a governor, as the case may be, considers that, in the public interest, the making of the proposed law in relation to which the question arose should not be postponed until the advice of the Islamic Council is furnished, the law may be made before the advice is furnished”.
After hearing both sides, opposition and treasury benches, the speaker overruled the point of order raised by the opposition and invited the lawmakers to speak on the bill. Citing from rules of business, he asked the opposition not to allow any other person or institution to dictate the assembly.
Reacting to the speaker’s ruling, Abdul Akbar said he had been speaker of this House and he knew about the rules. He reminded the speaker about his (speaker’s) conflicting rulings. He said they would take up the issue with the IIC.
Speaking on the bill, Qalandar Khan Lodhi of the PML said it was repugnant to the spirit of the constitution, which would open up new controversies at various departments.
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