During the process of talks between Bhutto and the Pakistan National Alliance, a tedious situation arose on the question of the restoring the Army Act. The PPP had made certain changes to the Army Act-1952, through Act X of 1977, in an attempt to give legal cover to some of its actions. The government and the opposition agreed to withdraw the amended part of the Army Act; this was significant since it allowed all persons convicted by military courts to stand acquitted.

Per the agreement, prisoners who were either incarcerated by the police and other law-enforcement agencies under preventive detention laws, or convicted for election-related activities from Jan 1, 1977, stood released immediately. Ruling on disputed cases was more complicated: a committee drawing equal members from both sides was to review cases presented before them within two weeks. Political leaders and activists convicted after Jan 1, 1972 were to also be released immediately, and their cases withdrawn. Relief was also to be extended to those arrested in agitations after the March ’77 polls.

All restrictions on press would also be lifted; new declarations for publications were to be granted freely, while discriminatory use of newsprint and advertisements would not be allowed. Impartiality would be maintained in media coverage of events, irrespective of whether they belonged to the ruling party or to the opposition. It was also agreed that official media — press or Pakistan Television — would provide more balanced coverage to political activities and impartiality would be observed in this regard.

On the subject of the Election Commission, both sides agreed that the body would comprise one chairperson and four members, to be appointed with the consent of the PNA. From now on, the Election Commission would have both financial and administrative powers, including powers to employ and to discharge, to issue prohibitive as well as mandatory orders.

The Election Commission was also to have the powers of a high court to release persons on bail or to suspend arrest — whatever it deemed as necessary to enable it to hold polls honestly, justly and fairly. The draft accord also included a mechanism of announcing election results. As per the agreement, poll results were be announced by the Election Commission through radio, television and other media. To enhance security measures, it was barred from publishing results without approval from the authorities concerned. Amendments to the election laws were to be made immediately.

It was also agreed that all arms licenses issued after Jan 1, 1977 shall stand suspended and all arms issued under these orders shall be deposited at the nearest military armoury.

A major decision that reportedly infuriated the ruling party was that after signing the accord and till polls were conducted, the prime minister was not to make any policy decision affecting revenue and state property. In case of an emergency, prior permission would be sought from the Implementation Council. Till that time, no political party was to be banned.

All said and done, it was the constitution of the Implementation Council that came under intense debate. While it was agreed that the council would comprise of 10 members — five from each side, the identity of the chairperson proved to be a greatly contested point. The PNA wanted to retain the chairperson’s post while Bhutto wanted to head it.

The two parties eventually resolved that the prime minister would be the chairperson, and in his absence, the PNA chief would head the body. The Council would make its own rules of procedure, while its decisions would be unanimous. In cases of disagreement, the matter would be referred to the Supreme Court, which would hand its decision within 72 hours. It was also decided that the Council would meet every week and continue till all business at hand was decided.

On July 2, the subcommittee met again and discussed the amendment to the Constitution needed to finalise the accord. This was followed by a meeting of PNA’s central council in the evening, which was attended by all component parties’ chiefs. The opposition was informed that Bhutto had accepted the PNA’s basic demands but wanted certain changes in the PNA draft accord.

Already at the end of their tethers with Bhutto, some PNA leaders lost their cool. Many insisted that the PNA draft was alright, and it only needed Bhutto’s signature. Mufti Mahmood and Prof. Ghafoor Ahmad insisted that almost all demands had been accepted and Bhutto only wanted some minor amendments. But Begum Nasim Wali expressed her anguish, and said the committee had no power to change the draft, they were only there to provide explanations.

“Now you people just step aside, I’ll handle everything,” bellowed a visibly infuriated Asghar Khan, telling Mufti Mahmood that they should not have attended the meeting. “I am even prepared to give an assurance on behalf of the army that after imposition of martial law, the army would hold elections within 90 days.”

This was rebuked by Mufti Mahmood, who argued that if the army intervened, it would not only end Bhutto but the PNA too would get naught. Asghar Khan left the meeting.

The writing seemed be on the wall. And yet, the draft accord with the proposed changes was handed to legal experts again, with express instructions to return it the next day: July 3.

Next week: Qayyum’s premonition

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