ISLAMABAD: The Senate decided on Thursday to initiate an institutional dialogue between parliament, the military establishment and the judiciary so as to avert a collision between the institutions.

A verbal consent was given by senators after the idea was floated by Senate Chairman Raza Rabbani following an extensive discussion on the current political situation after the Panama Papers verdict and the role of parliament.

Mr Rabbani stressed that all institutions should work within their domains under the ambit of the law.

He said the invitation to the military would be extended through the prime minister as under the law the military came under the executive. For the judiciary, he said, the invitation would be sent to the Chief Justice of Pakistan.

Call for either repealing or suitably amending Articles 62 and 63 of the Constitution

He announced that the Committee of the Whole would be convened soon to finalise a way forward.

Earlier taking part in the discussion, senators called for either repealing or suitably amending the qualification and disqualification clauses (Articles 62 and 63) of the Constitution, besides amending Article 184 (3) to provide for an appeal against the apex court’s decisions in cases pertaining to ‘fundamental rights’. The house witnessed the worst-ever criticism of the judiciary and the military for the second consecutive day on Thursday.

There appeared to be a consensus emerging on amending Articles 62 and 63, with some suggesting that their applicability must not be restricted only to lawmakers but extended to bureaucrats and other important office-holders.

Opening the discussion, Farhatullah Babar of the Pakistan Peoples Party held ousted prime minister Nawaz Sharif responsible for weakening parliament. “It was Nawaz Sharif who rejected a bid to amend Articles 62 and 63. It was Nawaz Sharif who sought disqualification of former prime minister Yousuf Raza Gilani through courts. It was Nawaz Sharif who joined hands with agencies against three PPP governments. It was Nawaz Sharif who took part in the agencies’ rigging of the 1990 elections,” he remarked. He called upon parliament to rise above partisan politics.

Prior to initiation of the discussion, Chairman Rabbani observed that internal weaknesses should also be looked at while suggesting the way forward.

He said political parties had not taken parliament seriously because major decisions were taken outside parliament either in the form of all-party conferences or through consultative meetings.

Mr Rabbani said political questions had been taken to courts for their resolution.

He said political parties in power had not given importance to the parliamentary decisions; major policy decisions pertaining to and dealing with the foreign policy, internal security, international treaties, and many other mattes had never been brought before parliament.

Retired General Abdul Qayyum of the Pakistan Muslim League-Nawaz said the country was passing through a fragile and critical situation as it was faced with both internal and external challenges. He observed that ambiguities in Articles 62 and 63 should be removed.

Tahir Mashhadi of the Muttahida Qaumi Movement said hundreds of people had been named in the Panama Papers, but the Supreme Court chose to single out Nawaz Sharif. “Judgements should speak, but in this case the judges were speaking”. He suggested repeal of Articles 62 and 63.

Azam Khan Moosakhel of the Pakhtunkhwa Milli Awami Party alleged that the judiciary had pronounced its verdict in the Panama Papers case under pressure, and not on the basis of demands of justice. He regretted that none of the 18 prime ministers of the country could complete their term in office.

Published in Dawn, August 11th, 2017