The PTI point of view, and the PML-N response

As negotiations between the two parties continue, Dawn.com takes a look at the PTI working paper on how the political crisis should be resolved, and the PML-N led government's point by point response.

Section 1.1

PTI argues that the elections were "strenuously disputed and highly controversial"

General elections were held on May11,2013 (2013 Elections) to elect the members of the 14th National Assembly. Even according to the officially notified (albeit strenuously disputed and highly controversial) figures,the PTI secured a heavy mandate and received a substantial percentage of the popular vote as it emerged as the political party with the second highest number of popular votes.Whilst,according to these(disputed) figures the PML-N is said to have received 14,847,104 votes (representing 32.77%of popular vote),the PTI is attributed to have received 7,679,954 votes(being 16.92%of the popular vote) leaving the PPP in third place with 6,911,218 votes or 15.32% of the popular vote.Therefore, the mandate given to the PTI must also be respected and not undermined.

PML-N argues 2013 elections were 'fairest of them all'

The General Elections (GE) held on May 11, 2013 are considered by independent observers, national and international, to be the fairest of all the general elections held in Pakistan thus far. Unfortunately the PTI is attempting to make them controversial by belatedly refusing to accept the people's mandate in favour of the PML(N). This is despite the fact that out of 410 election petitions filed with the Election Commission of Pakistan (ECP) relating to the GE, 2013 [326 of which have been decided], only 58 petitions [39 of which have been decided] were filed by PTI members (FAFEN Report dated August, 2014 on “Political Parties’ with Election Tribunals). Moreover, the election results were initially accepted by PTI, whose MNAs and MPAs, after taking oath, took active part in proceedings of their respective Assemblies till the recent submission of their resignations, as per their Party decision. Paradoxically, PTI continues to maintain that the elections in the province of Khyber Pakhtunkhwa (KPK), where it has formed the Government, were perfectly fair. That said, the vote-bank of the PTI, as evident in the official figures of the Election Commission of Pakistan, is acknowledged and respected. [Typos in PTI Proposal para 1.1: Total votes received by PML(N) were 14,874,104 and not 14, 847,104; PPPP received 15.23% of the popular vote and not 15.32%.]

Section 1.2

PTI argues the party's mandate has been manipulated, usurped

The persistent complaints of pervasive illegalities and rigging in the 2013 Elections have substance and credence.These have been corroborated by different sources, individuals and institutions and public perception is also consistent with the view that the 2013 Elections were materially and substantially flawed and that the results thereof are untruthful and lacking in propriety and integrity. PTI and its workers are convinced that the mandate freely given to PTI by the electorate has been manipulated and usurped and the weight of public perception supports their belief. As a consequence,in addition to its legitimate right to govern, PTI has also been deprived of its right to be a constitutional consultee in a number of important matters.This grave injustice needs to be rectified.

PML-N rubbishes PTI's assertion

PTI's assertions in this para, particularly regarding public perception about complaints of illegalities and rigging in the GE 2013, are incorrect, baseless and unjustified and hence vehemently refuted.

Section 1.3

PTI wants political solution from 'usurper'

PTI has consistently raised its grievances against massive fraud in the 2013 Elections. PTI is committed to working towards a political solution to the current impasse through dialogue and consensus even though it considers PML-N to have usurped the popular mandate through unfair means. No usurper can sustain an unlawful hold on power in the current environment.It is axiomatic that the usurper be ousted and evicted. The right to raise a voice and struggle for the ouster of the present government controlled by usurpers of the will of the people vests in the people (of Pakistan) and the Constitution recognises and protects this inalienable right. Therefore,there is a need for a just and equitable solution. PTI is committed to working in good faith towards such a solution in the greater national interest, whilst remaining within the parameters of the Constitution of the Islamic Republic of Pakistan,1973 (Constitution).

PML-N terms 'usurper' label 'ludicrous', counter-productive

The allegation that PML(N) has "usurped the popular mandate through unfair means" is not just incorrect but ludicrous as PML(N) was clearly not in a position to perform the alleged acts. Indeed, the very mention of such an allegation in a proposal for a political solution is counter-productive.

Section 1.4

Nothing unconstitutional in our demands, PTI argues

None of the solutions sought by PTI are unconstitutional. These are political solutions to an essentially political dispute involving the core issue of the legitimacy of the mandate claimed by the PML-N. The demand for resignation of the PM ca n hardly be termed unconstitutional when Article 90(8)of the Constitution provides for it. Similarly, Articles 58(1) and 224(1) of the Constitution expressly contemplate and provide for pre-mature dissolution of Parliament and establishment of a caretaker set-up prior to holding of general elections. The PTI demand for fresh elections is also not novel in the Pakistan context. During the 1977 political crisis, in spite of the PPP having enjoyed a landslide victory in the general elections, after the agitations and complaints of the opposition the demand for fresh election and an interim mechanism for overseeing the exercise of executive authority by the then Federal Government and the then Prime Minister was agreed to by the PPP in the greater national interest. However, this agreement could not be implemented and taken to fruition on account of events beyond the control of the political parties. There is certainly a lesson to be learnt from the events of 1977 for both the ruling and opposition political parties given the broad similarities between the political environment obtaining then and currently. Consequently, by no account can the demands then made by the opposition and accepted by the PPP be classified as unconstitutional.

Demands are 'coercive in nature' PML-N states

PTI's pain-staking efforts in this para to deny that its demands are unconstitutional are clearly over-stretched. There are hardly any similarities between the present and the 1977 political environments. In 1977 immediately after the General Elections to the National Assembly, there was a nation-wide boycott of elections to the Provincial Assemblies by all major political parties of the Opposition (PNA) and a nation-wide movement was launched demanding fresh elections, based on allegations of rigging. In the present situation, all major political parties including PTI, had accepted the election results and their members had taken oath as MNAs/MPAs. It is only recently that PTI and its smaller allies have started demanding resignation of the elected Prime Minister who is supported by all the other opposition parties, as reflected in the unanimous Resolutions recently passed by the National Assembly and Senate. Moreover, the demands are coercive in nature, based as they are on "dharnas" / bundhs in the sensitive Red Zone of Islamabad, with threats to occupy important State buildings including the Parliament of Pakistan and Prime Minister's House.

Section 1.5

Solution must be within the law, PTI says

The emphasis must be on a consensus oriented solution within the framework of the Constitution which addresses the bona fide and genuine grievances and complaints of the PTl.

PML-N agrees

PML(N) is of the view that the solution can only be within the framework of the Constitution and the law.

"Complaints","Contentious Issues"and "Grievances" of PTI

Section 2.1

PTI demands inquiry into rigging

Enquiry into the allegations of massive and widespread illegalities and rigging (pre-poll, on polling day and post-polling days) in the 2013 Elections which have undermined the integrity of the so called official "results" and thrown the "legitimacy” of the mandate claimed by PML-N into serious doubt in the eyes of the electorate.

What rigging, PML-N questions

PTI's charges of massive rigging in the GE, 2013 are mere allegations. They have neither undermined the integrity of the official results nor thrown the PML(N) mandate into doubt. Indeed, the vast majority of the people of Pakistan, as well as the international community, hold the contrary view, as do both Houses of Parliament.

Section 2.2

Electoral reforms needed PTI argues

Electoral reforms which would enable genuinely free and fair elections which are conducted honestly, justly, fairly and in accordance with the law and in which illegal and corrupt practices are guarded against and which elections are compliant with the letter and spirit of Article 218(3) of the Constitution and which additionally include measures to enable overseas Pakistanis to cast votes.

PML-N says yes

PML(N) fully recognizes the need for electoral reforms. This is reflected in the Prime Minister's letters to the Speaker, National Assembly and the Chairman, Senate which led to the constitution of the Parliamentary Committee on Electoral Reforms (PCER).

Proposed mode and mechanism for addressing the "complaints", "contentious issues" and "grievances" of PTI

Section 3.1

Establish a Judicial Commission under special law, PTI argues

In order to meaningfully investigate and assess the veracity of the complaints of PTI (and any other political party) of rigging in the 2013 Elections, a two stage process is proposed. In Phase I of this process, the complaints must be investigated by a fully empowered and independent Judicial Commission (JC). The JC must submit a legally binding and enforceable final report on the veracity of the "complaints". Phase II of this process will entail steps and actions to be taken in the event the JC gives an affirmative finding of pervasive rigging and illegalities in the 2013 Elections. For the avoidance of doubt a 'commission' under the Pakistan Commission of Enquiry Act, 1956 (1956 Act) is not acceptable to PTI as a commission thereunder does not have the powers and functions which must be vested under special law (through fresh Ordinance or Act of Parliament or amendment to the 1956 Act) in the JC.

Already proposed a Judicial Commission, PML-N says

PML(N) has already proposed constitution of a Judicial Commission (JC) to investigate allegations of massive rigging in the GE, 2013. PML(N) proposes to constitute the said JC through an Act of Parliament, after consensus with other political parties in both Houses, and not by Ordinance.

Section 3.1.1

JC will have three SC judges including CJ, PTI says

The JC must comprise of a panel of three (3) Judges of the Supreme Court headed by the Chief Justice.

PML-N agrees

PML(N) has already proposed that the JC should comprise three Honourable (sitting) Judges of the Supreme Court of Pakistan. The Judges are to be nominated by the Honourable Chief Justice of Pakistan (CJP). PML(N) would be pleased if the Honourable Chief Justice decides to head the Commission personally.

Section 3.1.2

Judicial commission should be 'fully empowered' PTI says

The JC must be fully empowered to undertaking investigation into the "complaints" and 11allegations" and, for this purpose, it must be vested with full investigative power and authority (conferred through a special statute to be enacted) and the power to compel the production of any material, document, evidence or witness. The JC may also examine witnesses and record statements using modern technology such as but not limited to video­conferencing. It shall be the duty of all (Federal and Provincial) executive and other authorities and persons to aid, assist and facilitate the unhindered and independent functioning of the JC and to comply with all of its orders, decisions and directions.

All powers of the court, PML-N says

The JC will have all powers of a civil and criminal court under the Code of Civil Procedure Code, 1908 and Code of Criminal Procedure, 1898 respectively.

Section 3.1.3

JC proceedings should be 'summary in nature', PTI says

The proceedings of the JC shall be 'summary;' in nature and it shall be empowered to take into account 'circumstantial evidence' also whilst assessing the veracity of the allegations brought before it.

Issues too complex for summary proceedings, PML-N argues

PML(N) cannot agree that the proceedings of the JC should be "summary in nature". The issues before the JC are very serious, important and complicated, and evidence of witnesses in respect of such issues requires to be properly recorded and examined. As regards admissibility of evidence, etc. provisions of the Qanun-e-Shahadat Order, 1984 shall be applicable. To avoid controversy, it is proposed that the JC may be empowered to decide its own procedure.

Section 3.1.4

Establish a Joint lnvestigation Team for JC, PTI says

In addition to any other process, mechanism or mode of investigation that the JC may elect to adopt at its discretion, a “Joint Investigation Team" (JIT) comprising of senior officers of federal and other investigative agencies and instrumentalities of the Federal Government (including, without limitation, the FIA, NADRA, ECP, ISI, Ml, IB) under the full and exclusive control and overall superintendence of the JC shall be established which shall operate as the "investigative arm" of the JC.

Fine with JIT, PML-N says

PML(N) agrees in principle to constitution of the proposed Joint Investigation Team (JIT) under the JC.

Section 3.1.5

JIT head should be of good repute and integrity, PTI says

The composition of the JIT shall be balanced and it shall be headed by a senior officer of unblemished repute and integrity to whose appointment the PTI has 'no objection'.

Good idea, as long as all concerned are consulted, PML-N says

PML(N) agrees in principle to the proposals regarding the balanced composition of the JIT and that the head of the JIT may be appointed after consultation with all concerned.

Section 3.1.6

Nobody will influence the JC, PTI says

Parliament, the Federal Government and no political party shall, directly or indirectly, exercise any influence in any manner over the JC.

Obviously, PML-N says

Needless to state, the JC shall perform its functions in a just, fair and transparent manner.

Section 3.1.7

Change up NADRA chief, FIA chief, Secretary ECP, PTI says

Simultaneously with the establishment of the JIT, the Federal Government shall also replace the current chiefs of NADRA and the FIA as well as the Secretary ECP with non-controversial and non-partisan professionals acceptable to PTI.

PML-N agrees

Without casting any aspersions on present incumbents, PML(N) agrees that non-controversial, non-partisan professionals shall be appointed as heads of NADRA, FIA and Secretary, ECP after consultation with all concerned.

Section 3.1.8

JC must submit findings publicly in 30 days, PTI says

The JC must submit a final report of it "findings" and conclusions no later than thirty (30) days after its constitution and the said report shall be a public document.

In 30 days, or as JC determines, PML-N says

The JC may be required to submit its report containing its findings/conclusions within 30 days, or within such time as the JC may determine. The Report shall be a public document.

Section 3.1.9

PTI see creation of legally binding and enforceable 'final report'

The primary function and task of the JC shall be to undertake an independent investigation into the allegations and complaints of PTI (or any other political party) regarding rigging or manipulation in the 2013 Elections and based on its investigation to submit, within thirty (30) days, a legally binding and enforceable 'final report' (employing the benchmarks provided for hereinafter) on the veracity of these complaints and allegations of rigging and manipulation.

Lets not make it a 'super Election Tribunal' PML-N argues

With reference to PTI’s assertions in paras 1.3 and 1.4 (viz that its proposals shall remain within the parameters of the Constitution), it has to be ensured that the TORs and powers of the JC are not such as to convert it into a super "Election Tribunal" to determine "rigging and manipulation" in individual constituencies in violation of the provisions of Article 225.

It is therefore proposed that the TOR of the JC should be as follows:-

"Was there a systematic and concerted plan or conspiracy to manipulate the GE 2013 for or against any political party in connivance with the Election Commission of Pakistan, former members of the Judiciary, Returning Officers, Federal and Provincial Caretaker Governments or any other person?”

The findings of the Commission shall be binding and enforceable.

Section 3.1.10

Investigate rigging before, during and after elections, PTI says

The JC shall investigate all allegations of "rigging and manipulation" (which expression is intended to include: 'pre-poll rigging', 'rigging on the polling day' and 'post-poll rigging').

Covered this already, PML-N says

This matter is covered in the TOR proposed by PML(N) in para 3.1.9 above.

Section 3.1.11

Investigate not more than 30 NA constituencies chosen by us, PTI says

The complaints and allegations of pervasive and widespread rigging and manipulation shall be deemed to be ipso facto "proven" (with consequences as set forth below to follow) in the event the JC after examining in 'summan; proceedings', a sample of not more than thirty (30) constituencies of the National Assembly to be selected by the PTI (being the complainant) is prima facie satisfied of any of the following:

(i) any evidence of the occurrence of (or prima facie intent or conspiracy to aid, abet or commit):'pre-poll rigging', 'rigging on polling day' or 'post poll rigging' in a systematic manner or under a concerted plan or otherwise, which in the opinion of the JC would prima fade have an affect on the transparency, integrity, creditability, legality, validity, or fairness of the election in the relevant constituency. By way of illustration only, matters which shall be examined by the JC in this context shall include, but not be limited to:

(a) legality and procedural propriety of the manner in which the Election Commission of Pakistan (ECP) and members ECP were appointed; and

(b) allegations of bias or impropriety or other unlawful or improper conduct against any member of the ECP or any other officers or employees of the ECP in relation to the 2013 Elections; and

(c) allegations regarding printing of additional ballot papers through unauthorised printers or in any unlawful or improper manner and dissemination thereof; and

(d) allegations of bias or impropriety or other unlawful or improper conduct, act or omission or malpractices by the District Returning Officer, Returning Officer, Assistant Returning Officer, Presiding Officers (and their subordinates at polling stations) of the selected 'sample' constituencies; and

(e) suspicious or otherwise unwarranted or unauthorised transfers or positing of officials; and

(f) changes in location of polling stations or changes in appointments at polling stations; and

(g) suspicious delays in consolidation and or notification results of the selected constituencies; and

(h) allegations of 'stuffing of ballot boxes' and or 'replacement of ballot boxes' in the selected 'sample' constituencies; and

(i) suspicious or 'eleventh-hour' changes in the original polling scheme (which lists all polling stations and number of registered voters) in respect of the selected 'sample' constituencies; or

(ii) significant violations of the requirements of the provisions of the Representation of the People Act, 1976 (1976 Act) or the Representation of the People (Conduct of Election) Rules, 1977 (1977 Rules) or other applicable laws or juridical pronouncements relating to conduct of election; or

(iii) absence, in material numbers, of the photo electoral rolls in the polling record maintained by the Election Commission; or

(iv) absence, in material numbers, of duly filled, signed and stamped counterfoils of ballot papers; or

(v) absence of ballot paper account (Form XIV to XVIT) of a material number of polling stations or absence in the polling record of any other prescribed instrument or Form under the 1976 Act or the 1977 Rules; or

(vi) inability of the National Database & Registration Authority (NADRA) to verify a material number of thumb impressions on account of failure to utilise the required "magnetised ink" or on account of any manufacturing defect in the "magnetised ink" or on account of absence of photo electoral roll or counterfoils or for any other reason based on absence of required documents in the polling record of the relevant constituency; or

(vii) NADRA analysis report which indicates significant voter fraud or illegal or bogus casting of votes in the relevant constituency; or

(viii) unusually high number of rejected votes or unusually high voter turnout or discrepancies in the number of votes reported to have been cast on: (a) in a national assembly constituency; vis-a-vis (b) the related provincial assembly constituencies.

30 constituency sample cannot determine election outcome, PML-N says

The proposed "test”, as mentioned in para 3.1.11 read with sub-paras (i) [(a) to (i)] and (ii) to (viii), is unacceptable, as explained below:

As mentioned in para 3.1.3, important and complicated issues before the JC having serious constitutional, legal and political implications cannot be determined in summary proceedings.

A sample of 30 out of 272 NA constituencies i.e. 11% cannot be extrapolated to determine the final outcome of the GE, 2013.

The JC’s functions/powers should not empower it to act as a super Election Tribunal in violation of the letter and spirit of Article 225. Its function should be confined to determination of the TOR.

The JC’s conclusions and findings regarding the TOR have to be based on the evidence on record. No conclusion or finding can be drawn/given on "prima facie" satisfaction or on the basis of “any evidence”. Sufficient and credible evidence has to be produced before the JC to prove the allegations as reflected in the TOR beyond reasonable doubt.

"Rigging" has not been defined in the Representation of the People Act (RoPA), 1976. The term is generally taken to mean extensive corrupt and illegal practices [as defined in sections 78 and 83 of RoPA, 1976] which have materially affected the result of an election. "Rigging" cannot be redefined retrospectively, as PTI is attempting to do through its proposal, in order to facilitate proving of its allegations.

In so far as sub-para (vi) is concerned, it may be noted that the non-utilisation or defective manufacture of magnetic ink, even if established, resulting in inability of NADRA to verify thumb impressions, cannot ipso facto lead to the presumption that these have resulted in corrupt or illegal practices in the elections. It may also be noted that PML(N) had no concern whatsoever with the manufacture, supply or use of the magnetic ink.

Section 3.1.12

PTI, on what should happen if their complaints are proven

In the event the "complaints" before the JC are deemed to have been "proven" employing the criteria and benchmarks outlined above, the following consequences will follow:

(i) the Prime Minister shall forthwith advise the President to dissolve tile National Assembly in terms of Article 58(1) of the Constitution.

(ii) the President shall appoint a Care-taker Cabinet and Prime Minister under the Constitution, the composition of which must reflect the intent and will to undertake and complete necessary electoral reforms (as referred to above) prior to the fresh general elections.(PTI must have a meaningful role as consultee in all such appointments as, interalia, it has been unfairly deprived of its legitimate right to be a constitutional consultee. It is the formation of this Care-taker Cabinet and Prime Minister which will determine the bona fides of the party in power (PML-N).

(iii) General elections must be held under a reconstituted and non­controversial Election Commission of Pakistan (ECP) appointed in consultation and with the '110 objection’ of PTI.

PML-N, on what should happen if PTI complaints are proven

Consequences of a final report from the JC containing an affirmative determination of the TOR shall be:

(i) Dissolution of the National Assembly in terms of Article 58(1); and

(ii) Appointment of a Care-taker Cabinet in accordance with the Constitution, in consultation with all concerned, including PTI. [It is incorrect that PTI has been deprived of its legitimate right to be a constitutional consultee. As PTI sits on the Opposition benches (assuming resignations are withdrawn), it can convey its views through the Leader of the Opposition.]

(iii) Members of the Election Commission of Pakistan can only be removed in the manner prescribed in Article 209. Hence unless the members resign voluntarily, the appointment of new Members can only be made after relevant constitutional provisions are amended pursuant to the recommendations of the Parliamentary Committee on Electoral Reforms.

(iv) The Prime Minister being President of PML(N), an agreement between PML(N) and PTI will be binding upon the parties. Appropriate announcement will be made in Parliament.

Section 3.1.13

PM, Cabinet need to announce commitment to the above, PTI says

In addition to signing a formal instrument recording the terms of the accord reached between PTI and PML-N in relation to the matters raised herein, the Prime Minister and the Cabinet must immediately give a formal publicly announced commitment and guarantee to act as above in the event of findings of rigging by the JC.

Urgent finalisation and legislation of electoral reforms

Section 3.2.1

30 days for working of existing Parliamentary committee, PTI says

The existing Parliamentary Committee On Electoral Reforms must complete all of its work on the agreed reforms at the earliest and, in any event, no later than (thirty) 30 days from the date on which this accord is mutually agreed and signed.

90 days total for Parliamentary committee, PML-N says

The Parliamentary Committee on Electoral Reforms has been given a period of three months to complete its work by Resolutions passed by both Houses of Parliament. As it was notified on 25th July, 2014, 40 days have already elapsed. The Committee may be requested to expedite its work.

Section 3.2.2

Form a sub-committee of experts to work on reforms, PTI says

An 'Experts Committee' comprising of eminent lawyers and other experts on the subject must be constituted as a sub-committee of the existing Parliamentary Committee on Electoral Reforms to assist in formulation and preparation of the initial draft containing the necessary proposals and draft legislative instrument(s) and amendments.

PML-N agrees

The PML(N) is agreeable to the suggestion that an Experts Sub-Committee may be constituted to assist the PCER in preparation of drafts etc. Request may be made to PCER accordingly.

Section 3.2.3

30 days max, PTI argues again

The time frame of thirty (30) days for completion of the above process is of the essence and every effort should be made to ensure that this deadline is met and any delay is avoided.

Matter can be expedited through request, PML-N says

As mentioned above, request may be made to PCER to expedite its work.

Interim governance arrangement and dispute resolution pending submission of final findings by the JC

Section 4.1.1

PM should resign till JC report produced, PTI says

Political morality, propriety and the weight of public sentiment demand and require that pending the final findings of the JC (employing the above mentioned summary procedure, benchmarks and criteria) on illegalities and rigging in the 2013 General Elections, the current incumbent Prime Minister should step down by resigning from his office and await the final report and findings of the JC.

Section 4.1.2

PM's continuation in office could complicate events, PTI argues

PTI does not see any other viable solution in the prevailing climate where the moral (and political) authority of the current Prime Minister has been significantly eroded and his continuation in office during the tenure of the JC may potentially give rise to more, as yet unforeseen, complicating events which would create further instability and undermine the investigation to be carried out by the JC.

Section 4.1.3

Sincerity of PM based on temporary resignation, PTI says

The resignation of the incumbent Prime Minister would establish the bona fides of the Prime Minister and of the political party he heads. It would also allow Parliament to continue in the greater national interest and for consolidating the transition to parliamentary democracy.

PM is going nowhere, PML-N says

As repeatedly indicated to the PTI delegation and publicly declared at all levels, the question of resignation of the Prime Minister simply does not arise. PML(N) rejects outright the arguments of PTI in this regard, being without any constitutional, legal, factual or moral basis. Moreover, this demand on the part of PTI casts serious doubts on the independence of the Judges of the Supreme Court of Pakistan who will be members of the JC, which is unfortunate.

Section 4.2

Once PM resigns, need to establish Supreme Monitoring Council, PTI argues

Upon resignation of the current Prime Minister, in order to provide the necessary enabling environment for an independent and objective investigation by the JC, it is imperative that a "Supreme Monitoring Council" (SMC) be established simultaneously which shall have the following remit, composition, functions and powers:

4.2.1 The SMC shall act as the primary forum for settlement of any and all disputes, disagreements or deadlocks between the PTI and the PML-N or between the PTI and the executive authorities, directly or indirectly, in relation to the "complaints" and "contentious issues" outlined herein or which may otherwise arise, directly or indirectly, during the course of implementation of any of the proposals set forth herein.

4.2.2 The SMC shall comprise of three (3) members each of whom shall be a person who is nationally known for his integrity, expertise, experience and eminence and to the appointment of whom the PTI has 'no objection'.

4.2.3 The remit of the SMC shall be all encompassing in relation to any and all executive and other decisions and actions required to be undertaken which have any direct or indirect nexus with the "complaints" and "contentious issues" or their proposed solutions outlined herein.

4.2.4 The SMC shall have full power and authority, during the interim period leading to the establishment of a Care-taker Cabinet and appointment of a Caretaker Prime Minister (as above) to oversee, monitor and give binding guidelines and directions in relation to the functioning of the Federal Government, ECP, and the ministries, departments, agencies and instrumentalities thereof on matters which have nexus with or are relevant to the "complaints" and "contentious issues" or their proposed solutions (including, without limitation, matters relating to the JIT, changes of the heads of various institutions and agencies, etc.) outlined herein.

PML-N says no to Supreme Monitoring Council

The JC may be fully empowered to pass necessary directions regarding all issues, etc relating to determination of the TOR. There is no need for establishing a Supreme Monitoring Council.

Code of Conduct during Interim Period

Section 4.3.1

Need a code of conduct for interim period, PTI says

Additionally, in order to reduce the trust-deficit amongst the political parties and facilitate a conducive environment and to encourage emphasis on good governance, a Code of Conduct must be agreed to for the intervening interim period also.

PML-N agrees to code of conduct

PML(N) is of the view that a Code of Conduct may be formulated in consultation with all political parties and implemented immediately.

Section 4.3.2

Federal, Punjab government need to stop advertising, PTI says

In addition to other matters which may be incorporated in such Code of Conduct, the Federal Government and the Government of the Punjab must put an immediate stop to the advertisements in the print and electronic media regarding various infrastructure and other projects being initiated or undertaken as well as 'self congratulatory’ advertisements on public expense being issued by these governments in the print and electronic media.

Ads have not been excessive, PML-N argues

The Federal Government and the Government of Punjab have placed advertisements in the media to inform the general public regarding completion of significant infrastructure projects. By no standard have these advertisements been excessive in number. It may be mentioned here that the Government of KPK has also placed many such advertisements in the media.

Section 4.3.3

'Secret funds' need to be supervised, PTI says

Also, the use of all so called 'secret funds’ (by any agency or instrumentality of the Federal Government or the Government of the Punjab) must be strictly supervised and regulated so that only bona fide and legitimate expenses (relating to national security and intelligence matters) are defrayed from such funds and a mechanism for independent confidential audit of such 'secret funds' must be introduced to restrict all unlawful, politically motivated or arbitrary expenditures through secret funds.

Government following rules regarding 'so-called' secret funds, PML-N says

The Federal Government and the Government of Punjab are fully aware of, and are duly complying with, rules governing the use of so-called secret funds. PTI should ensure that such rules are followed by the Government of KPK also.