ISLAMABAD: The government and the protesting Pakistan Tehreek-i-Insaf (PTI) held another round of talks – aimed at ending the prevailing political impasse – on Friday. Both sides termed the negotiations ‘fruitful’ and resolved to meet again on Saturday.

The meeting took place at the home of PTI General Secretary Jehangir Tareen.

Shah Mehmood Qureshi, who leads the PTI panel, said his side had given written proposals to the government and was hoping to receive a considered response from the government side. But neither Mr Qureshi nor Finance Minister Ishaq Dar – who leads the government’s panel of negotiators – gave the press any details.

Also Read: PTI sit-in: Imran announces return to D-Chowk

Sources privy to what was discussed in the meeting told Dawn that both sides had discussed each other’s proposals, especially those where some common ground existed.

Also on Friday night, the government released its detailed response to the PTI’s proposals, to the media. If these responses are anything to go by, then both sides appear to be back to ‘square one’.

In its response to the PTI’s demand for a recount in certain constituencies, the government has refused to reopen even a single constituency to determine whether rigging had taken place.

In response to the suggestion asking for the formation of a judicial commission with the powers to investigate, prosecute and pass a binding judgment, the government side maintains that it opposes such a ‘super tribunal’. No such commission can be constituted to determine “rigging and manipulation ” in individual constituencies because that will be a violation of the provisions of Article 225 of the Constitution.

The government side emphasised, instead, that the judicial commission’s terms of reference deal exclusively with the PTI’s allegations that the current ruling party, in collusion with the judiciary, government machinery and Election Commission officials, had rigged the elections in its favour.

The government side wants to focus on: “(Whether) there was a systematic and concerted plan or conspiracy to manipulate the general elections of 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, both sides agree, shall be binding and enforceable.

This deference to Article 225 indicates that the government is not open to ‘out-of-the-box’ solutions, as proposed by the PTI.

The article states: “No election to a House or a Provincial Assembly shall be called in question except by an election petition presented to such tribunal and in such manner as may be determined by Act of Majlis-e-Shoora (Parliament).” And according to Section 52 of the Representation of Peoples Act, 1976, an election petition disputing election results could only be filed within 45 days of the official notification of the result.

Planning and Development Minister Ahsan Iqbal, who is also a member of the negotiating team, told a TV channel on Friday evening: “Only election tribunals can decide pleas regarding disputed election results.”

With regards to the demand for the dissolution of the National Assembly, the government referred to Article 58 (1) of the Constitution which states: “The President shall dissolve the National Assembly if so advised by the Prime Minister; and the National Assembly shall, unless sooner dissolved, stand dissolved at the expiration of forty-eight hours after the Prime Minister has so advised.”

The PTI had suggested that in case the proposed judicial commission ruled that the general elections were rigged, the National Assembly should automatically stand dissolved.

Referring to the PTI’s demand for the prime minister’s resignation before the judicial commission starts its work, the government side maintains that this is still “out of the question”.

Questioning the PTI’s logic of wanting to re-investigate 30 constituencies of its choosing, the government asked how a mere 11 per cent of a total of 272 constituencies could yield a representative sample.

The only suggestion that the ruling party has so far agreed to is the formation of a committee of experts to assist the already-formed parliamentary committee on electoral reforms.

PTI’s argument

Talking about their meetings with the government panel, Dr Arif Alvi, one of PTI’s negotiators, said: “We made arguments on certain issues that were negotiable.”

For example, he said, the government argued that it could only constitute a new judicial commission through a constitutional amendment with the consensus of other parties, an exercise which could take months. But the PTI maintains the proposed commission could be formed at once through an ordinance.

Secondly, he said, the PTI had proposed a 30-day deadline for the commission to complete its investigation, whereas the government suggested that a timeline should be left to the commission’s discretion. An open-ended investigation nullifies the purpose behind the Azadi march, Dr Alvi said, adding that the PTI side had put forward the same argument.

The government also maintained that the onus of providing evidence against the parties accused of rigging, which include a former chief justice and the former caretaker chief minister of Punjab, remained on the PTI. “But we don’t care about the accused, we wanted to focus on establishing whether the elections were rigged or not,” Dr Alvi said.

Imran’s vow

In a rather surprising turn of events, PTI chief Imran Khan announced in an address from atop his container on Friday that he would stay put, come what may. “Let the committees hold negotiations. I will only leave this place after the prime minister resigns,” he vowed.

Published in Dawn, September 6th , 2014