I keep checking on Pakistan because they are getting mucho military aid from us on war on terror and they got bunch of Taleban types in the assembly that Musharraf would love to be disqualified because they just graduates of fundumentalist Madrassa not colleges.
How destablising can the$1 B in radar equipment that Israel just sold India. There are so many people on both sides that would love to go around round of war on Kasmir.
Speaker withholds MMA MPs references
From Javed Rana
ISLAMABAD – Speaker National Assembly on Wednesday did not forward references to the Chief Election Commissioner seeking disqualification of 28 MNAs of Muttahidda Majlis-e-Amal (MMA), which, according to the legal experts, is a violation of his own ruling to “constitutionalise” General Pervez Musharraf’s last 31 amendments as part of the Constitution.
Under these amendments also known as Legal Framework Order (LFO), the NA Secretariat, acting as a post office, is bound to forward disqualification references against MNAs to the Chief Elections Commissioner. On June 17, Maulvi Iqbal Haider had filed references with NA Speaker and Chairman Senate seeking disqualification of 35 MPs (28 NA members and 7 Senators of MMA) arguing that the status of their Madrassa degrees was below the level of BA.
Other than the legality issue, the withholding of references against the MMA legislators by the NA Speaker and Senate Chairman, has given strength to reports that a behind-the-scene understanding is being worked out between the government and the religio-political alliance. The MMA faces threat of losing power in Balochistan and NWFP after their Madrassa degrees were challenged in the apex court.
“We’ve received no reference either from Speaker National Assembly or Chairman Senate,” confirmed Hasan Muhammad Secretary to the Election Commission to The Nation on Wednesday.
Under 1973 Constitution, Speaker National Assembly and Chairman Senate can withhold disqualification references as long as they wish, but under the LFO they have to forward within 30 days. This deadline was ended on July 16.
“By opting not to forward references to Chief Election Commissioner, the NA Speaker has reverted his allegiance to the relevant provision of 1973 Constitution,” a constitutional expert said.
The legal experts, however, believe that the references were not withheld to ensure the supremacy of the 1973 Constitution but the political expediency played the vital role.
The opposition parties had accused the Speaker National Assembly that he had given the ruling to “constitutionalise” LFO under pressure from General Pervez Musharraf to give him semblance of legitimacy just before his visit to the US.
Following is the relevant provision of LFO which the NA Speaker and the Chairman Senate defied: “If any question arises whether a member of Majlis-e-Shoora (Parliament) has become disqualified from being a member, the Speaker or, as the case may be, the Chairman shall, within 30 days from raising of such question , refer the question to the Chief Election Commissioner.”
The NA Speaker and Senate Chairman, however, followed the original 1973 Constitution which does not specify time framework as the Article 63 says: “If any question arises whether a member of the Majlis-e-Shoora (Parliament) has become disqualified from being a member, the Speaker or, as the case may be, the Chairman shall refer the question to the Chief Election Commissioner and if the Chief Election Commissioner is of the opinion that member has become disqualified, he shall cease to be a member and his seat shall become vacant.”
“The speaker and Senate Chairman have defied the Constitution (LFO as part of it)” said Maulvi Iqbal Haider, the petitioner. He vowed to move superior courts to invoke Article 6 of the Constitution to try both NA Speaker and the Senate Chairman on high treason charges.
The Supreme Court has already admitted constitutional petitions against MMA’s 65 MPs and has announced to take up these pleas for regular hearing by mid-September this year. Had Speaker and Chairman Senate forwarded references, Chief Election Commissioner would have been bound to decide the matter within 90 days (mid-October) under the LFO.
If court decides against 65 MPs of MMA for possessing seminaries degree being below graduation, the MMA government in North Western Frontier Province and Balochistan could collapse.
On the other hand, the MMA has switched off from its previous stand of protesting against the “extra-constitutionality” of the present bench of the apex court following relief given to one of its MPs by the apex court and the Prime Minister’s offer to resume talks to settle the controversy over the LFO. The MMA member was disqualified by the Election Tribunal for possessing seminary degree.
Independent constitutional experts say the LFO is de facto part of the Constitution and lack de jure status until formally ratified by the Parliament with two-thirds majority vote as General Ziaul Haq had to do in 1985 despite an authority given to him by Supreme Court to amend the Constitution.
Despite several attempts the NA Speaker could not be contacted for comments
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