In this Issue

The National Assembly of Pakistan

• Election Tribunal De-Seats Sardar Ayaz Sadiq as MNA
• Sardar Ayaz Sadiq’s Phone Call to Mr. Altaf Hussain: A Misuse of Power
• MQM Legislators Submit Resignations over Rangers Operation in Karachi
• Commonwealth Parliamentary Conference Cancelled
• Attendance of MNAs

The Senate of Pakistan

• Senate Website Revamped
• Reforms in Standing Committees

The Provincial Assembly of Balochistan

• No Speaker for Three Months

The Provincial Assembly of Khyber Pakhtunkhwa

• Post of Deputy Speaker Remains Vacant
• Amendment to Ehtesab Commission Act
• Right to Information Law Not Amended despite Imran Khan’s Directives

The Provincial Assembly of Sindh

• Sindh Assembly Passes Resolutions Against the MQM Chief
• Dual Nationals may Contest in Local Government Elections

The results of an Election Tribunal on the election petition No. 315, announced on August 22, 2015, de-seated the Sardar Ayaz Sadiq from his post of Member of the National Assembly resulting also in the loss of his Speakership of the National Assembly of Pakistan. Mr. Murtaza Javed Abbasi, MNA, (NA-18, Khyber Pakhtunkhwa, PML-N), formerly the Deputy Speaker, subsequently assumed the post of Acting Speaker. Later, on August 26, 2015, an Election Tribunal announced its verdict in the petition filed by Mr. Jehangir Tareen against alleged rigging in NA-154, which led to the de-seating of Mr. Siddique Baloch, PML-N.

While the Tribunals have given their lawful verdicts, PILDAT believes that these decisions should have come within the mandated time of four months.¹

During a sitting on August 06, 2015, the then Speaker of the National Assembly, Sardar Ayaz Sadiq, informed the House that he had spoken with MQM Chief, Mr. Altaf Hussain, over the telephone to request him to direct an MQM MNA to withdraw his motion to de-seat the 28 PTI legislators.

On April 22, 2015, due to the absence of PTI legislators from the Parliament over a 126-day protest against the alleged rigging in the General Elections 2013, Ms. Naeema Kishwar Khan, MNA, (NA-9, Khyber Pakhtunkhwa, JUI-F), and Mr. Mohammad Salman Khan Baloch, MNA, (NA-239, Sindh, MQM), had submitted identical motions in the National Assembly of Pakistan to de-seat the PTI MNAs. This motion was submitted against Clause 2 of Article 64 of the Constitution, which states that the “House may declare the seat of a member vacant if, without leave of the House, he remains absent for forty consecutive days of its sittings.”² After Sardar Ayaz Sadiq informed the House of his call to Mr. Hussain, Ms. Khan, and Mr. Baloch, individually withdrew their motions to de-seat the MNAs.

This telephone call is a misuse of power by the Speaker of the National Assembly, who is meant to be a non-partisan figure. His job is to preside over the proceedings, not exert political influence. Any one of the 338 MNAs who are not required to be impartial could have called Mr. Altaf Hussain and persuaded him to ask Mr. Baloch to withdraw his motion. Sardar Sadiq’s action reflects poorly on the prestige of the office of the Speaker of the National Assembly. Though Sardar Ayaz Sadiq defended his actions for the “sake of Parliamentary traditions and democracy,”³ it is contended that his actions were in fact the opposite.

In a second highly unusual move, the Speaker expressed to the House, the regard held by the MQM Chief for the “jawans of Pakistani armed forces”⁴ in light of Mr. Hussain’s allegedly derogatory remarks against the Pakistan Armed Forces. Sardar Sadiq stated that the MQM Chief had requested him to convey these sentiments on his behalf. There were 24 representatives of the MQM in the National Assembly who could have conveyed Mr. Altaf Hussain’s sentiments to the Parliament. The Speaker, who is meant to neutral, had no business expressing the opinions of various politicians and thus adding his own legitimacy to them.

On August 12, 2015, 8 MQM Senators submitted their resignations from the Senate of Pakistan, 24 MNAs from the National Assembly, and 51 MPAs from the Provincial Assembly of Sindh, in response to the Rangers Operation in Karachi; a rather extreme step taken by the MQM legislators, as it is believed that the legislatures are the ideal platform for them to raise their concerns about the alleged targeting of their party workers.

In order to mend the situation, the Prime Minister directed Maulana Fazal ur Rehman, MNA, (NA-24, Khyber Pakhtunkhwa, JUI-F), to hold talks with MQM legislators and arrive at a solution that would encourage them to withdraw. In the consequent talks, it was agreed that a Grievance Redressal Committee (GRC) would be created to determine whether the allegations that law enforcement agencies have been targeting MQM party workers have any merit. The MQM legislators stated that they would make a decision about withdrawing their resignations after the formation of said GRC.

As per the Constitution of the Islamic Republic of Pakistan, a Member of Parliament “by writing under his hand addressed to the Speaker… resign his seat, and thereupon his seat shall be vacant.”⁵ The resignations also have to be “voluntary and genuine”⁶ and once the Speaker is satisfied that they are, he may inform the Assembly.

Given that the MQM legislators submitted their resignations in groups makes the genuineness of their resignations questionable, as it is certainly possible that some may have come under their influence of their fellow party members. Therefore, the Chairman of the Senate and the Speakers of both Assemblies may gauge from individual meetings with the MQM legislators if the resignations were voluntary. The Sindh Assembly Speaker, Agha Siraj Durrani, MPA (PS-9, Sindh, PPPP), indicated his decision to duly go through the process as per the Rules of Procedure and the Constitution before accepting the resignations. It must be mentioned here that 11 MQM MPAs were out of the country at the time of resignations and did not submit their resignations in person.

For the smooth continuation of Assembly business and the responsibility to the constituencies represented by these legislators, it is important that this matter be resolved quickly.

On August 20, 2015, the National Assembly announced its decision to not host the 61st Commonwealth Parliamentary Conference in the aftermath of a teleconference between the Executive Committee of the Commonwealth Parliamentary Association (CPA) and the then Speaker of the National Assembly, Sardar Ayaz Sadiq. The CPA had insisted upon inviting the Speaker of the Jammu and Kashmir Legislative Assembly, while based on Pakistan’s stance on Indian “occupation” over the region, the Speaker refused to extend this invitation. The situation culminated into the Speaker entirely cancelling the CPC.

Given the fact that resources had been utilized in arranging the Conference which was to take place in October 2015, the cancellation is not only an embarrassment to the country and its global image, but also highly irresponsible. It is baffling that if Pakistan’s agreement to host the 61st Conference was contingent upon not inviting the representative of the Jammu and Kashmir Legislative Assembly, why was this not made clear when the Speaker agreed to hold the CPC? The statements from the CPA and the Speaker’s Office also diverge as to whether the decision to cancel Pakistan as the host-country was taken by the Speaker’s Office or by the CPA. The Press Release issued by the Speaker’s Office on August 20, 2015 states that “The National Assembly of Pakistan regrets to announce its decision to pull back as host of the 61st Commonwealth Parliamentary Conference.” While the Press Release issued by the CPA on August 21, 2015 states “The 61st Commonwealth Parliamentary Conference (61st CPC) and associated conferences… have been cancelled by the CPA International Executive Committee.”

The Senate of Pakistan

The Senate Website Revamped

The Senate of Pakistan has made crucial reforms by revamping its website, and making it more open, transparent, and accessible. The website indeed, sets new and unprecedented standards of Parliamentary openness, transparency and public access in Pakistan. The new Senate Website aptly reflects the approach of new elected leadership of the Senate in making the Parliament more accessible and transparent for the citizens of Pakistan.

It is with pleasure and admiration that PILDAT notes some of the new additions to the website including:

PILDAT, which is a signatory to the worldwide Declaration on Parliamentary Openness ⁷ is pleased to note that the new Senate website fulfills a majority of global requirements in this regard. These recommendations include the following:

The Provincial Assembly of Balochistan

No Speaker for Three Months

While the Balochistan Assembly has taken one step forward by electing the leaders of 10 out of 14 Standing Committees, the position of Speaker of the Provincial Assembly of Balochistan continues to be vacant, as Mir Abdul Quddus Bizenjo, MPA (PB-41, Balochistan, PML), has been the Acting Speaker since May 23, 2015. Rule 10 of the Rules of Procedure state that in the event of a vacancy, a Speaker must be elected "If the Assembly is not in session, at the first meeting of the next session."¹¹ The crucial 19th (budget) and the 20th sessions have come and gone and this post remains vacant.

The Provincial Assembly of Khyber Pakhtunkhwa

Post of Deputy Speaker Remains Vacant

The post of Deputy Speaker of the Provincial Assembly of Khyber Pakhtunkhwa has remained vacant since the resignation of the of the former Deputy Speaker, Mr. Imtiaz Shahid, MPA, (PK-39, Khyber Pakhtunkhwa, PTI), on October 15, 2014. According to the Rules of Procedure of the KP Assembly, “the election shall be held during the same session, and if the vacancy occurs at a time when the Assembly is not in session, during the session next following.”¹²

The KP Assembly has been continuing the 15th session from October 2014 with no sign of proroguing it. The session can be prorogued under two circumstances, if it receives direction from the Governor to prorogue it,¹³ or if one-fourth of the MPAs in the Assembly sign a demand to prorogue.¹⁴ While, Assembly is technically not in violation of any rules for the post of Deputy Speaker to be filled, it must not let that be an excuse not to promptly elect a replacement.

Amendment to the Ehtesab Commission Act

On August 20, 2015 the Khyber Pakhtunkhwa Assembly passed a bill to amend the Ehtesab Commission Act. All offences under this amendment have become non-bailable and no court will have jurisdiction to grant bail to any suspect under it. The Government now has the authority to declare any premise as a police station. The amendment also outlines the revised procedure for trials by the Ehtesab Court, which will now have to dispose of a case within three months and hold hearings on a daily basis.

These amendments have made the accountability process in the existing law far more aggressive than before. The Leader of the Opposition, Maulana Lutf ur Rehman, MPA (PK-66, Khyber Pakhtunkhwa, JUI-F), had opposed the law, stating that it required more debate and a thorough review by relevant committees due to the nature of amendments, however the law was passed by majority regardless of his objection.

Right to Information Law Not Amended despite Mr. Imran Khan’s Directives

The sittings of the Provincial Assembly of Khyber Pakhtunkhwa were adjourned on August 20, 2015 without bringing the Right to Information (RTI) Act 2013 back to its original position by including the Assembly within its purview.

On June 23, 2015, the Khyber Pakhtunkhwa Assembly unanimously passed RTI (Amendment) Bill 2015, which excludes the KP Assembly from the scope of the RTI Bill, and deprives citizens of their right to question the performance of their elected representatives. Subsequently, the Chairman of PTI, Mr. Imran Khan, MNA (NA-56, Punjab, PTI), directed the PTI-led Government in KP to reverse the change, as it is an affront to the values of both the province and the party. Unfortunately the Assembly failed to reverse this undemocratic amendment during the month of August despite being specifically directed to do so.

The Provincial Assembly of Sindh

Sindh Assembly Passes Resolutions Against the MQM Chief

On August 06, 2015, Ms. Samar Ali Khan, MPA, (PS-112, Sindh, PTI), Mr. Shafi Jamot, MPA, (PS-129, Sindh, PML-N), and Mr. Nand Kumar, MPA, (RSM-168, Sindh, PML-F), moved a joint resolution in the Sindh Assembly to condemn the statements made by Mr. Altaf Hussain against the Army while demanding that the Government take strict legal action against him. Further, the resolution also rejected the demand raised by Mr. Altaf Hussain to divide the province. The resolution was passed with majority vote.

Dual Nationals may Contest in Local Government Elections

The Sindh Assembly passed the Sindh Local Government (Third Amendment) Bill 2015 allowing dual nationals to contest in the upcoming Local Government elections. This amendment has been contested with regards to Article 63 of the Constitution, which bars dual citizenship holders from contesting in elections. Mr. Zulfiqar Ali Domki, a lawyer, challenged the amendment in the Sindh High Court stating that it violates the Constitution and is therefore illegal. The Provincial Authorities are have been directed to give their justifications over the amendment to the Sindh High Court after which a decision over its legality will be made. When a similar provision was granted in the Punjab Local Government Act, the Lahore High Court had ruled that the restriction in Article 63 of the Constitution applied only to parliamentarians.

The third amendment to the Sindh Local Government Bill was moved by Dr. Sikandar Mandhro, MPA, (PS-58, Sindh, PPPP).

References: