Islamabad LG polls unlawful, says Senate chairman

Published July 7, 2015
The Senate also unanimously passed a resolution expressing “serious concerns on involvement of foreign intelligence agencies in fomenting terrorism in Pakistan”. ─ AFP/File
The Senate also unanimously passed a resolution expressing “serious concerns on involvement of foreign intelligence agencies in fomenting terrorism in Pakistan”. ─ AFP/File

ISLAMABAD: A controversy over holding of local bodies elections in Islamabad in the absence of the relevant law took a new turn on Monday when Senate Chairman Raza Rabbani ruled that the entire process so far carried out by the Election Commission of Pakistan (ECP) on the Supreme Court’s orders was without lawful authority and an attempt to “hinder parliament in performing its duty to legislate”.

The ruling came following presentation of a report by the Senate committee on interior affairs about a bill to conduct the LB polls in Islamabad and severe criticism by senators from across the divide on the ECP and the judiciary for initiating the election process without waiting for the passage of the law by parliament.

The members criticised the Supreme Court’s order allowing the ECP to announce a schedule for the local government elections in Islamabad merely on the basis of a draft legislation that was pending before the Senate for approval.

The Senate also unanimously passed a resolution expressing “serious concerns on involvement of foreign intelligence agencies in fomenting terrorism in Pakistan”.

Through the resolution tabled by PML-N’s retired Lt Gen Abdul Qayyum, the house called for “effective steps to counter/control the activities of the said agencies in Pakistan and brief the house in this regard”.

Moving the resolution, the PML-N senator referred to recent media reports and statements of the Foreign Office and the military regarding the alleged involvement of Indian intelligence agency RAW in acts of terrorism, particularly in Karachi. Interestingly, neither any MQM member nor any minister spoke on the issue despite the fact that the PML-N senator mentioned a recent BBC report regarding Indian funding to create turmoil in Pakistan.

In his ruling on the election issue, he chairman regretted that the ECP had issued a number of circulars and notifications and “coined a new phraseology of draft legislation”.

“If such a precedent is allowed to develop, it shall not only have horrific, horrendous and chaotic consequences, but shall negate the entire process stipulated under the Constitution,” he declared.

He said the federation and the ECP were drawing legitimacy for their actions “by hiding behind the veil” of the SC’s order. “This line of reasoning and argument adopted by the federation and the ECP amounts to hindering parliament in performing its duty to legislate and casts a serious shadow on the concept of trichotomy of power as has been enunciated in the Constitution,” Mr Rabbani said, adding that as the Senate chairman, he was “under oath to preserve, protect and defend the Constitution”.

He said the SC’s March 10 and previous two orders, which were being relied upon as a directive to the federation or the ECP, had been passed when the federation or the ECP did not come with “clean hands on the legislative journey yet to be covered”.

“It is evident that when the orders were passed by the Supreme Court, the federation or the ECP did not apprise the court that even after approval of the federal cabinet and passage from the standing committee, the text of the bill had not attained finality, as there are...minimum four stages provided by the rules and the Constitution for its amendment,” he said.

Therefore, he said, “anybody or organisation working or functioning through or under the Constitution cannot lay reliance on a legislative proposal that has not been passed by parliament. If it does so, it will be in violation of Article 70 and 75 of the Constitution… and will be impinging upon the sovereignty of parliament to legislate without let or hindrance”.

As the bill was still a legislative proposal, he said, the SC order “may have in such circumstances, despite my reservations that such an order interferes with, and infringes the trichotomy of power provided in the Constitution, which has been vividly defined and upheld by the SC in its various judgments, ... laid down the broad guidelines or parameters under which the ECP could or should carry out and conduct the local bodies election in Islamabad, or in the alternative have directed the federal government to promulgate such a law, or issue a regulation or notification to provide a legal cover to the process of holding of such elections”.

Mr Rabbani said “parliament cannot allow any fetters to be placed on the process of legislation” provided under the Constitution.

“As a consequence of the above discussion, it is inappropriate for any person, body or organisation to use the order dated 10-03-2015, passed by the SC, as a fig leaf for its actions or steps taken which otherwise are without the force of law as the bill on which reliance is being placed was at that time and continues till date to be a proposal for legislation not having the force of law as contemplated under Article 75 of the Constitution,” he said.

Earlier, PPP’s Saeed Ghani said even the courts did not have the power to enact a law and the process so far carried out by the ECP for the LB polls in the absence of a law was a “serious violation” of the Constitution.

Talha Mehmood of the JUI-F termed the ECP’s actions as an “insult to parliament”.

Usman Kakar of the PkMAP alleged that the SC and the ECP were trying to convert themselves into “constitution-making institutions”.

Head of the Senate’s interior affairs committee Rehman Malik said the panel had decided to resist the move because, in this manner, a government in future could take any action merely on the basis of draft legislation. “It will set a wrong precedent,” he added.

MQM’s Barrister Muhammad Ali Saif said the court was setting a wrong precedent by allowing actions on the basis of a legislative proposal. The MQM senator also passed some personal remarks against an SC judge, which were expunged by the chairman from the proceedings.

Leader of House Raja Zafarul Haq expressed hope that both the SC and the ECP would review their decisions in the light of the Senate debate. “I hope that the SC will adopt the constitutional path,” he said.

Opposition Leader Chaudhry Aitzaz Ahsan also criticised the judiciary and said parliament should not surrender its powers.

The Senate also passed a unanimous resolution moved by Mohsin Aziz of the PTI, recommending a ban on “manufacturing and use of polythene shopping bags”.

Published in Dawn, July 7th, 2015

On a mobile phone? Get the Dawn Mobile App: Apple Store | Google Play

Opinion

Editorial

Judiciary’s SOS
Updated 28 Mar, 2024

Judiciary’s SOS

The ball is now in CJP Isa’s court, and he will feel pressure to take action.
Data protection
28 Mar, 2024

Data protection

WHAT do we want? Data protection laws. When do we want them? Immediately. Without delay, if we are to prevent ...
Selling humans
28 Mar, 2024

Selling humans

HUMAN traders feed off economic distress; they peddle promises of a better life to the impoverished who, mired in...
New terror wave
Updated 27 Mar, 2024

New terror wave

The time has come for decisive government action against militancy.
Development costs
27 Mar, 2024

Development costs

A HEFTY escalation of 30pc in the cost of ongoing federal development schemes is one of the many decisions where the...
Aitchison controversy
Updated 27 Mar, 2024

Aitchison controversy

It is hoped that higher authorities realise that politics and nepotism have no place in schools.