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Posts Tagged ‘PML-Q’

2nd Instalment of Truth – NRO Actually!

21 Mar

nro3This is in continuation of my earlier post on NRO, posted on November 7, 2009. We were trying to learn about this Ordinance clause by clause. So far we have examined Section II and saw that a major amendment in Criminal Procedures Code could well be used to control the damage (if any), if the federal and provincial governments want. We’ll now move on to next sections.

Section III of the Ordinance adds up a new subsection to section 39 of the Representation of People Act (RPA) of 1976. The RPA has been amended many times after its promulgation in 1976. The latest amendment came in 2008. The said Section 39 of the RPA deals with the consolidation of election results. It previously had six subsections. The seventh subsection thus added involved immediate providence of the election results by the returning officer, to the contesting candidates and their election agents who are present during the consolidation process. It is provided that the returning officer will provide them the copy of the result of the count sent to the Election Commission. It must be noted here that all political parties agree that this amendment to the RPA 1976 is beneficial for the electoral process and its free, fair and transparent holding.

Sections IV and V of NRO can be read clubbed together for better comprehension. Both of these sections provide that no member of the Parliament or of Provincial Assemblies could be arrested in a NAB related case unless recommended by Special Parliamentary Committee on Ethics. These sections also provide that such Committees on Ethics will be constituted in Senate and in National / Provincial Assemblies, having equal representation of opposition and ruling party members. The members of these Ethic Committees will be appointed by the Speaker(s) National / Provincial Assemblies / Chairman Senate as recommended by the Leader(s) of House(s) and Leader(s) of the Opposition. There will be 8 members in each of these committees and a chairperson.

Moreover, both of these sections actually make amendment to already existing National Accountability Ordinance of 1999. Under Section 31-C of the NAO, the officers of banks and financial institutions who might be charged for appropriation and right off/ waiver of loans etc, under NAB, were given protection. These two sections of NRO (Section 4 and 5) actually extend this protection to the elected representatives of people.

The protection given to the bank officers under NAO 1999 provides for the NAB to not arrest any such accused unless a formal approval is given by the Governor State Bank of Pakistan. Similarly, if some officers / other persons associated with NAB investigations are accused of hampering such proceedings, s/he will not be charged with out the sanction of a Committee headed by NAB Chairperson.

In the presence of such a protection for the bank / government officers that already existed in the form of NAO 1999, the temporary protection given to the elected representatives of people doesn’t seem a big deal. Further, this protection seems to be given to curtail political victimization of the opposition members by any sitting government. This provision, negotiated by PPP with the then military ruler, seems to be in accordance with Charter of Democracy agreed between PPP and PML-N according to which, no political victimization will be done against each other. It seems that CoD was being formally institutionalized when this very clause was being negotiated.

It must be mentioned here, that a special meeting of Parliamentary Committee on law and Justice was convened on October 31, 2009 under the Chairpersonship of Begum Nasim Akhtar Chaudhry who is member of National Assembly from ruling PPP. The said Committee comprises 16 members including the Chairperson, 4 members from PML-N, one from MQM, 3 from PML-Q. That makes one chairperson, 7 members from PPP while total 8 members from other parties. This Committee discussed the Ordinance clause be clause and approved with simple majority.

Strangely enough, all major parties i.e., PPP, PML-N and PML-Q unanimously agreed to scrap these two sections of NRO. Should we think that all the parties agree to carry on with political victimization of each other?

Section VI of NRO provides for a new sub-section in Section 31 (A) of National Accountability Ordinance 1999. This new section says that any judgement of the court passed in the absence of the accused, would be void and should not be complied with. This Section was specifically added for the benefit of Mian Nawaz Sharif and Mohtarma Benazir Bhutto – two main leaders of major political parties who were thrown out of the political arena in Pakistan. This clause also seems to be an outcome of Charter of Democracy. In the absence of PML-N from the entire discussions of NRO with the General, PPP and MQM negotiated this clause, to the clear benefit of Mian Nawaz Sharif and Mohtarma. This is the section which made it possible for Mian Nawaz Sharif to stage a comeback.

Section VII , the last of NRO, provides for the withdrawal of all the cases against the holders of public offices, which were initiated by the Federal Government prior to October 12, 1999. These cases will only include the pending cases, and not the cases in which decisions have been finalized, or plea bargain has been settled by NAB. This also does not include cases related to cooperative societies and financial & investment companies, no matter if they are initiated prior to October 12, 1999.

Under this Section, protection is also provided to the NAB members & functionaries, federal, provincial and local governments and their functionaries against persecutions, on account of withdrawal of such cases.

It is very clear that all parties including PML-Q (including its Patriot members e.g., its Parliamentary Leader Faisal Saleh Hayat among many others), MQM, some members of PML-N and PPP are the beneficiaries of this section. It is also ironic that PML-N who is the biggest critic of this Ordinance, took active part in the Law & Justice Committee deliberations on NRO until Section 6. As soon as discussion started on Section 7, they staged a walk out. It may probably be due to the reason that the said section benefits only the mid level leaders of PML-N, and not the main leadership.

We’ll continue our discussion on NRO in the next instalment of truth, let’s assimilate this much first!


 

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Why Punjab needs democracy?

14 Jan

 

Sometimes it is important to look back and see where we had been a while ago, where we wanted to go a while ago and where we were wrong? Baaghi starts this series of "Pakistan Diaries" in an attempt to do the same. Following is an Op-Ed column from the Dawn archives of 2007. Have a look on how were the apprehensions despite the hang over of a "successful movement by the people". 
 
(Dawn encounter, Oct 20, 2007)
By Abdul Khalique Junejo
 
PAKISTAN is undergoing a change, without any doubt, unprecedented in its 60 year existence. A change that is substantial, visible and irreversible. This change is affecting, and will continue to affect, the patterns of politics, the working and behaviour of the state and the overall development and conduct of Pakistani society. Symptoms of the change can be seen in the hard-earned freedom of press, new-found independence of judiciary and above all rejuvenated masses and their rekindled passion for politics and their enhanced awareness of and interest in state affairs.
 
Many would look for the causes of this change in the role of some individuals and credit different persons for this –– Nawaz Sharif, Pervez Musharaf or Iftikhar Muhammad Choudhry. Without denying the importance of the role of personalities in impacting the shape of things, the forces behind this profound change have also undergone a change in the recent past.
 
The past political movements didn’t bring about any significant change in the state apparatus or society as a whole because they were neither aimed at doing so, nor were they able to do so due to the composition and character of the people at the helm. All the earlier movements, barring one, were initiated and led by feudals and/or mullahs who are both intrinsically anti-progress and anti-change.
 
The anti-Ayub movement was an exception. The most important party in the lead of this movement was the Awami League, a well-organised political party, having its power base in East Bengal and dominated by middle class. Owing to its class character, it was bound to succeed in securing; dissolution of One Unit, one man-one vote and, above all, Pakistan’s only free and fair elections of 1970. Though the results of these elections, giving clear majority to Awami League, were not accepted by the rulers belonging to West Pakistan in the guise of military-mullah-feudal troika, but the resulting effects this ‘mass movement’ was bound to leave were beyond their control. If the people’s mandate had been allowed to prevail, the character of Pakistani state would have changed for ever in favour of democratic forces and for the overall good of society of the whole Pakistan. The troika’s refusal to accept the vote result resulted, however, in the independence of the people of East Bengal. The remaining ‘New Pakistan’ was handed over to the second major party (the PPP) which was heavily dominated by feudals and the opposition mainly comprised religious parties. Both felt quite satisfied with the status-quo.The PNA movement of 1977 against Z.A. Bhutto was dominated by one component of the troika; the mullah, while the MRD struggle of 1980s was led by another; the feudals. With due respect to the people who sacrificed or lost their lives, both these efforts were aimed at not changing the system but becoming active partners/collaborators. And the movements (rather their leaders) achieved what was desired; the moulvis became ministers in Zia-led martial law government and PPP of Benazir Bhutto cut a deal with the army to become junior partner. It may be said that there was only a change of face at the front. The system remained unchallenged and the organs of state representing this system remained unaffected and rather became stronger.

 
This time the situation is different. In the last quarter of the past century some changes of basic nature took place in the international arena as well as within Pakistani society which includes the information revolution and an emerging and asserting middle class. Changes in the socio-economic conditions gave birth to new forces that have, in turn, taken ahead the progress of society. That is what we are witnessing in Pakistan.
 
During the last eight years, most of the political parties—particularly those calling themselves ‘federal parties’—having vested interest in the prevalent dispensation cooperate with, even desire to be co-opted by, the incumbent regime. Amongst them, the PML-N has been less eager, reasons of which we shall examine later. The vacuum thus created was filled by the lawyer community.
 
The issue of Chief Justice Iftikhar Muhammad Chaudhri was a symptom rather than the cause of the change brewing in society and immediately became the rallying point. Civil society groups like teachers, doctors, trade unions, NGOs and journalists joined the movement which met an exemplary success. The political parties who ought to be agents of change failed, before and during this movement, to mobilize the masses. The reason is simple: people have started realising that these political parties dominated mostly by feudals and clerics only serve the status-quo.
 
Another factor distinguishing the earlier movements from the current one is the role of Punjab and its capital Lahore. Punjab is considered as the ‘power base’ of Pakistani state and the city of Lahore as its heart. During the last 60 years, it was always the establishment (Civil and Military bureaucracy) vs. the ‘others’ –– Bengalis, Balochs, Sindhis or Pakhtuns. Punjab stood firmly with the backing of the establishment, so much so that Punjab and establishment became synonymous. The nationalists always alleged that the government of Pakistan was there to serve the interests of Punjab in the name of ‘national interest’.
 
This time it is different. The movement of 2007 marks the beginning of a change in the roles of different actors, corresponding to the change in ground realities. Punjab, by virtue of its domination of the state, has acquired abundance of wealth and has reached a certain stage of development where it needs democracy.
 
Democracy can grow with the growth of capitalism. In 17th and 18th centuries, Europe, by virtue of its domination of the rest of the world, was able to collect, by any means, a huge amount of resources and wealth which paved the way for the development of capitalism and emergence of bourgeoisie /middle class. And the democracy was a natural corollary.
 
There is no gainsaying the fact that during 60 years of Pakistan’s life, it is Punjab alone that has progressed at a rate much faster than other provinces. In the last 30 years, it has taken big leaps to create new ground realities which gave birth to a sizable bourgeoisie/middle class. This class now desires more rapid progress and dreams to rub shoulders with its counterparts in the developing countries. To achieve this, it needs an open society, free trade with healthy competition, even licensing and other government facilities and a free media not only within the country but in neighbouring countries also.

To have all this, it needs democracy, though limited in some senses. On the other hand, the military has, over the time, developed its own vested interest in trade, industry and financial institutions so aptly described as ‘Mil-Bus’ by Aisha Siddiqua. To maintain its monopolist status, the military needs to sustain its domination of the state and prolong its sway over society. Hence, the current clash between the ruling military and the emerging bourgeoisie/middle class of Punjab. Since the PML-N is primarily a Punjab-based party and mainly represents this rising class, therefore its role in the current movement is a little bit different from the parties of feudals and clerics (as mentioned earlier) and since Lahore is the ‘heart’ of Punjab, so this time it is the ‘epicentre’.

 
One must keep two things in mind. First, the ongoing struggle and the class leading it are in the early stage of their existence. It will take some before they mature and, in the meantime, may suffer set-backs as was evidenced during Nawaz Sharif’s high-profile return. Second, since Pakistan is a multi-national country with different nationalities having different history, culture and development stage of their societies.
 
So, here the struggle for democracy would be long and complex. Even, there is a view that national question is the biggest and foremost question of democracy.

 
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Gilgit-Baltistan Election Rigging Noise – Truth and Lies

17 Nov

pm-at-gilgitWithout completely denying the charges of election rigging in the recent first ever elections of the legislative assembly of Gilgit / Baltistan, I wonder what made the opposition parties (read PML-Q) to submit a resolution against rigging of elections, while there is a constitutional system in place, for the redress of such complaints. Election Commission of Pakistan has this system of receiving and processing such complaints. It should, moreover, not be forgotten that for the first time in Pakistan, the election was held under the supervision of judiciary. Around 300 observers and entire media were present in the area who closely observed the process.

It is however, strange that media elements who were present on ground on the election day, denied the instances of polling day rigging while reporting from the polling stations. They kept on saying, including a senior acnhor / journalist of Geo TV, Iftikhar Ahmad, that no instances of “worst and brazen rigging” as termed by one of the election managers of PML-Q, was seen by the media. But as the days passed by, media mujahideen in Islamabad and Karachi started following the rigging-noise created by few individuals.

It is also noteworthy, that the party who’s making most of the noise, committed / made it self part of worst kind of rigging during the general elections held in 2002. This party was also in the charge of the country when pre-poll rigging events were managed by the political high-ups belonging to this party. In this backdrop, and in the presence of a proper redress system, cooing needlessly about the rigging seems to be nothing but a political point scoring.

 
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NRO Actually! (1st Instalment of Truth)

07 Nov

NRO collage aBefore I write something about my own personal take on NRO and its legitimacy, I would like to analyze what it actually is and what it is about. While we hear a lot about in the media (generally biased against one party or the other), it is all the more necessary to look into what this word NRO means, what document it is and what it means to the politics in Pakistan. Since the writing could take many pages, and I’m doing it in detail clause by clause, I think we should make it easier for the reader to grasp the information in easiest possible way.

I would apologize from my lawyer friends for not writing this piece in a way they are used to read legislations in. And it is mainly because this piece is intended to serve lay people instead of technical professionals in the field of law. I would try my best to refrain from the legal jargon as far as it is possible. Even then, if there’s something beyond the understanding of a common person (me included), I would request the reader to kindly bring it in the comments so that we could collectively try to understand it. For the purpose of making the continuity easy, I’m calling these pieces “Instalments of Truth”, and this is the first instalment!

I often hear and read comments by lay-persons, saying that NRO was “signed” by Mohtarma Benazir Bhutto. Now, here’s where the folly lies! NRO is an abbreviated form of National Reconciliation Ordinance 2007, which is a piece of legislation. Legislation, as we all know, is a forte of the parliament in a parliamentary democracy like Pakistan. Pakistan, like many other nation satates, follows West Minster style of parliamentary system (UK, India, Australia, Canada to name few of the parliaments that follow West Minster). There is a corresponding system of government, commonly called Jeffersonian Parliaments, commonly called Presidential form of government (mainly USA). In a West Minster style parliamentary system like the one followed by Pakistan, President is the ceremonial head of the state, who has limited role in legislation.

According to the powers conferred upon the president, by the Constitution of Pakistan 1973, the President can issue an Ordinance as a piece of legislation when the Parliament is not sitting. Exercising the same power, General (now retired) Pervaiz Musharraf issued an ordinance called National Reconciliation Ordinance 2007, commonly known as NRO. Since it was an Ordinance, it was signed by the President of Pakistan, not by any political party sitting outside the government at that point in time. It is however, debatable, how this ordinance came into being. Without getting into the details of its origin for the time being, we’d go to what it says. The readers can refer to the original text of the NRO wherever s/he deems necessary, which I’ve already put on one of my blogs under the link: http://marvi-sirmed.blogspot.com/2009/10/national-reconciliation-ordinance-2007.html

The Ordinance has seven distinct Sections. Section I deals with the title of the Ordinance as is the usual practice of drafting a legislation.

Section II deals with an amendment in the Criminal Procedures Code (CrPC), which has been there since 1898. This Section of NRO amends section 494 of the CrPC, which empowered only the Prosecutor Generals to withdraw pending Criminal cases. After the amendment introduced by NRO, the Boards at Federal and Provincial Levels could be constituted to review the cases pending from 1st January 1986 to 12 October 1999.  These Boards will see if the accused persons in these cases have been falsely involved in these cases on politically motivated reasons. In this case, the Review Boards thus created, can recommend withdrawal of cases to the respected governments.

These Review Boards would be of two types: Provincial and Federal. The Provincial Boards will be chaired by respectable retired Judges of High Courts and will comprise Advocate General / Prosecutor General and the Provincial Law Secretaries. The Federal Board will be chaired by a retired judge of the Supreme Court and will have Attorney General and Federal Law Secretary as its member, while both of these Boards would be appointed by federal and provincial governments as the case may be.

It is noteworthy here that NRO does not bind the federal and provincial governments to act upon the recommendations of the Review Boards. So, if any of the government doesn’t want to withdraw any of the cases, there’s no binding on them to comply with the Boards’ recommendations. In other words, the status of the Boards is recommendatory, not obligatory. It should also be noted here that this particular clause was included on the insistence of MQM, who was part of discussions made on such legislation. The dates mentioned in this section provide cover to the criminal cases made on MQM during the period from 1986 to 1999.

 
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