ISLAMABAD: The member legal of the Ministry of Information Technology and Telecom Division, Amina Sohail, on Monday said the Senate Standing Committee on Delegated Legislation can only look into rules and regulations but cannot legislate without adopting the formal procedure.

However, committee member Senator Javed Abbasi staged a walkout against the remarks saying he would not attend the meeting if Ms Sohail ever represented the ministry in the committee’s sessions.

Moreover, privilege motions were moved against the ministry and the Special Communication Organisation (SCO) as the ministry’s official arrived at the meeting 20 minutes late while the SCO officials did not bother to even attend the meeting.

The meeting was held with Senator Mohammad Daud Khan Achakzai in the chair to discuss an amendment to the Pakistan Telecom Act 1996.

The body cannot amend an act unless a bill is forwarded to it through Senate chairman or NA speaker, govt official says

The SCO is a public sector organisation established in 1976 to develop, operate and maintain telecom services in Azad Jammu and Kashmir and Gilgit-Baltistan.

The SCO has been demanding an amendment to the Act to enable it to work across the country and launch a countrywide mobile phone service.

During the last a few meetings, the committee had directed the ministry and the SCO to sit together and reach a conclusion on how the matter could be addressed.

However, when the committee members reached the meeting venue on Monday, the representatives of the ministry and the SCO were not present.

Mr Achakzai informed the meeting that he had received a letter from the SCO stating its officials cannot attend the meeting in Ramazan. Moreover, as representatives of the ministry were late it was decided to move a privilege motion against both the ministry and the SCO.

At 12:20pm, Joint Secretary (admin) IT and Telecom Division Khalid Gardezi along with Member Legal Amina Sohail reached the venue.

When the chairman asked them why they were late, Mr Gardezi said they had been trying to contact the SCO officials so that they would also attend the meeting. However, the chairman said the ministry was not responsible for bringing the SCO representatives to the meeting.

“I had directed you to have a meeting with the SCO and submit the minutes of the meeting but you did not do so,” he said.

At this, Ms Sohail said the committee was not mandated to discuss the matter.

“The committee can only look into amendments to rules and regulations. It cannot amend an Act on its own,” she contended.

Mr Abbasi seemed annoyed over the remarks of Ms Sohail and said it was not tolerable.

“Do you think I don’t know the law? I am going to observe a walkout form the meeting and will not attend it unless the issue is addressed. Moreover, she (Ms Sohail) should not attend the meeting again,” he said before leaving the committee room.

Ms Sohail later told Dawn that the SCO was an ancillary department of the ministry so it cannot move such a proposal directly. Moreover, the committee cannot amend the Act on its own.

“The SCO knew that the ministry would not forward the proposal for legislation so it directly approached the members of the committee who have been trying to amend the Act,” she said.

“It is the same as the prime minister had been taking decisions but the Supreme Court ruled that he cannot take any decision without getting approval from the cabinet. Similarly, the standing committee cannot make an amendment to the Act unless a bill is tabled and forwarded to it through the chairman Senate or the speaker of the National Assembly,” Ms Sohail explained.

Published in Dawn, June 13th, 2017