Senate refuses leave to Opposition MPs

Published September 25, 2003

ISLAMABAD, Sept 24: In an unprecedented move, the Treasury benches in the Senate on Wednesday refused leave of absence to Opposition members to punish them for their daily anti-LFO protests.

The action followed yet another Opposition walkout from Senate to protest against President Pervez Musharraf’s sweeping powers he has assumed through the Legal Framework Order (LFO) as well as to challenge his right to speak for Pakistan in the UN General Assembly.

Deputy Chairman Khalilur Rehman, complying with wishes of an Opposition-less House, rejected leave applications of three opposition Senators — Prof Ghafoor Ahmed of the Muttahida Majlis-i-Amal, Sanaullah Baloch of the Balochistan National Party (Mengal) and Mohammad Ishaq Dar of the Pakistan Muslim League-N.

It was not immediately clear whether it was a calculated move as part of alleged pressures to force the Opposition to give up its prolonged protest against the LFO or an abrupt action proposed by one ruling party Senator and followed by others without much thought in the absence of leader of House Wasim Sajjad.

But the move, which is unprecedented, can deprive opposition senators of allowances for the days leave is denied to them. The action was denounced by the People’s Party Parliamentarians (PPP) as “another pressure tactic which exposes the ruling party’s nervousness and knee-jerk response” (to protests).

“It will only further focus on the issue of illegitimacy of President Musharraf’s proposed constitutional structure,” PPP spokesman Senator Farhatullah Babar told Dawn afterwards.

As soon as the deputy chairman started reading leave applications after the question hour — the only business listed in the briefest possible agenda for the day — Pakistan Muslim League Senator Kamil Ali Agha from the Punjab said...”we will not accept leave application of Opposition members who daily walk out of the House but claim perks allowed to them.”

The deputy chairman made no objection to the suggestion and remarked: “It’s up to the House (to decide).”

Members of the Treasury benches shouted “no” each time the chair read out the three opposition senators’ leave applications, which were then pronounced “not accepted”.

The deputy chairman adjourned the House till 10am on Friday.

Parliamentary rules of procedure require leave applications to be put to the House but as a matter of tradition, members present usually say “yes” to the requests and leave is granted.

The identical rules of procedure for the two Houses say a member seeking leave of absence from any sitting of a House “shall make an application in writing addressed to the Speaker (or chairman) stating reasons of absence.”

“On receipt of an application... the speaker (or chairman) shall immediately, after the questions...put the question, without debate, that leave be granted,” the relevant rule said.

“Where a member is prevented or incapacitated from making such an application, leave of the assembly (or Senate) may be granted on a motion moved by any other member, or on the basis of an application made ex-post facto.”

The secretary of the Assembly or the Senate must communicate the House decision to the member concerned “as soon as possible”.

WALKOUT: Opposition Senators walked out of the House earlier after their usual desk-thumping and slogan-chanting against the LFO and the president and a hard-hitting speech by one of their colleagues who said Pakistan faced a critical constitutional problem because parliament had become “hostage to Army Generals”.

Senator Raza Ahmad Raza of the Pashtunkhwa Milli Awami Party said the LFO was a continuation of martial law since the time of former military ruler Gen Mohammad Zia-ul-Haq and it had changed the basic structure of a federal and parliamentary constitution adopted in 1973.

He said elected governments had tried to restore the original form of the Constitution but the 1999 coup reversed the process.

Mr Agha and some other ruling coalition senators vainly tried to interrupt Mr Raza, whose speech was finally cut short by the chair by switching off his mike.

The chair’s action triggered an immediate opposition walkout that allowed the Treasury Benches to carry on uninterrupted proceedings, which included formation of a special committee to probe into a complaint of a ruling party woman Senator, Gulshan Saeed, about an altercation she had with a PPP woman member of the National Assembly, Naheed Khan, during an Opposition protest sit- in outside the Parliament House on Tuesday.

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