By the end of April the situation had become so intriguing that it was difficult to predict what will happen next. The legal experts of the Pakistan National Alliance (PNA) prepared a long list of demands ranging from Bhutto’s resignation to the holding of fresh elections, withdrawal of all constitutional amendments and release of all political detainees. The proposals were finalised by May 3, 1977 and handed over to Bhutto on the following day. The proposals were in the form of a draft accord, which contained 21 clauses and one schedule. The draft accord envisaged creating a Supreme Implementation Council which was to be entrusted with the task of ensuring the implementation of the accord.
The PNA called it a simple charter but, in fact, it was one of the lengthiest charters ever recorded in the country. It began with the assertion that the March 1977 elections were a farce; hence, after assurance from friendly countries — Saudi Arabia, Kuwait, Libya and UAE — and ensuring guarantees for holding free elections and preventing the use of force, the parties were now to agree to certain demands in the form of a draft accord.
It said: All five assemblies would be dissolved on July 7, 1977. The elections to the national assembly would be held on Oct 6, 1977 and to the four provincial assemblies on Oct 10. The most important point in the draft accord was the creation of a Supreme Implementation Council, which would be armed with exceptional powers, equivalent to that of the president and the federal government, till the formation of provincial governments after the new elections were held.
The draft envisaged withdrawal of the armed forces from Balochistan within 15 days of the signing of the accord, ensuring the return of those Baloch families who left their homes after the February 1973 action and called for re-settling them in their home towns and villages, and appropriately compensating them. New elections to the Azad Kashmir Assembly would be held on Oct 15, 1977.
The draft accord sought immediate withdrawal of the constitutional amendments affecting the basic rights of the citizens or limiting the courts’ powers, as well as the withdrawal of the state of emergency and restoration of all fundamental rights. The accord also declared that state of emergency could not be enforced without the prior permission of the Supreme Implementation Council. It also demanded that the Defence of Pakistan Rules (DPR) should be immediately withdrawn and those punished under these rules by the tribunals released forthwith. All pending cases would be withdrawn. It demanded that all tribunals and special courts be abolished and the pending cases therein transferred to the civilian courts. Those detained under preventive laws would be immediately released and no new cases would be registered against them. All those detained after Jan 1, 1972 and punished for political activities would be immediately released and pending cases be withdrawn.
According to the draft accord, those killed and injured or whose property had been damaged during the March 1977 elections would be appropriately compensated. Those who left Pakistan would be allowed to return.
The new elections to be held under this accord would also be dealt with according to the new rules. According to these no one would be arrested for taking part in election activities and the use of loudspeakers would be allowed. The curbs on the media would be immediately removed and all cancelled declarations would be restored and all government levers against the Press would be abolished.
The constitution and powers of the proposed Council were mind-boggling. The Council was to be given wide powers to run the country during its tenure. If it found any obstacle in the way of implementation of the accord it would send a draft ordinance to the President who would enforce it within 24 hours, failing which it would automatically become part of the legislation.
Between the signing of the accord and the formation of the new government the prime minister would not make any policy decision that would affect the country’s assets; if such a move was unavoidable, prior permission of the Council would be necessary.
The Council would be formed after the signing of the accord, and would comprise five members each from the PPP and the PNA. The Council’s decisions would be unanimous and in case of a dispute the Supreme Court would take the decision. The federal and provincial governments would immediately implement the Council’s decisions; the decisions would be binding on all institutions, including the armed forces and government corporations.
The draft accord also included a number of amendments in the electoral rules, which, besides others, included a section ensuring equal share of publicity to the ruling party and the opposition parties on the official media.
In all, the PNA presented 32 points in the form of a draft accord to be accepted or discussed. Every point had many sub-sections, implying a very heavy charter that aimed at rendering the ruling party a soulless body.
It was now Bhutto and his team’s turn to study and answer the draft accord, and the PNA expected a reply the very next day.
Bhutto is cornered by the charter, while Saudi Arabia advises the PNA to go gentle
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