Allies, experts find loopholes

Express Tribune

10 hours ago

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Government allies as well as legal and political experts have termed the intent to move a reference against PTI/SIC MPAs for their disorderly conduct during a session by the Punjab Assembly speaker devoid of any logic and a measure too extreme.
The filing of the reference before the ECP, though widely reported by the local media, could not be independently verified.
It was reported that the speaker had filed a reference against 26 suspended MPAs of the Punjab Assembly before the ECP, and according to some media outlets, the provisions cited in the reference were Articles 14 and 210 of the Punjab Assembly Rules of Procedure, 1997.
However, a plain reading of these articles makes it abundantly clear that they do not permit a reference for disqualification in any way. All legal and constitutional experts contacted by The Express Tribune concurred with this opinion and further noted that there is no provision under the rules that authorises the speaker to move a disqualification reference.
The confusion was compounded by Speaker Malik Muhammad Khan who, while leaving the ECP office, when first asked by the media whether he had filed the reference answered in the negative (meaning no reference was filed).
However, when the media sought clarification on whether the reference had actually been filed, he replied that "it was already there" — an ambiguous answer that left matters unresolved. Nonetheless, his tone and demeanor made one thing abundantly clear: the speaker was a man on a mission.
The speaker elaborated that he had submitted to the ECP details regarding the conduct of those who violated their oath under the Constitution, asking, "How should they be dealt with?"
He said that those who had taken an oath to uphold the Constitution and then breached it themselves raised serious questions about their integrity and credibility.
He also spoke about the Constitution, which grants the assembly the right to formulate its own rules. He questioned where in these rules it is permitted for anyone in the house to grab another member by the collar, use foul language, vandalise assembly property or attack people.
At the end of his media talk, he reiterated that those who violate their oath cannot be allowed to remain part of the assembly.
Those familiar with the matter say that the MPAs brought this upon themselves by going up against the "mighty" Punjab Chief Minister Maryam Nawaz, who is seen as the PML-N's red line.
These individuals say that the scenes witnessed that day were not unprecedented in the assembly; the only difference, they claim, was the presence of Maryam Nawaz.
The move even drew criticism from government allies, who described it as a sad day for democracy and an overt attempt to eliminate opposition from the assembly.
Former justice Wajihuddin Ahmed, while speaking to The Express Tribune, said that the speaker neither has the right nor the authority to seek the disqualification of any member of parliament merely for disorderly conduct.
He said that if such a power were granted to the speaker, it would allow him to eliminate opposition from the assembly on one pretext or another. He further explained that a provincial assembly cannot even frame rules to this effect under the Constitution, as matters of qualification and disqualification are clearly defined in the Constitution and can only be changed through a constitutional amendment.
"The pre-condition given in the Constitution and the Election Act does not apply in this scenario of seeking disqualification. One fails to see the logic behind this move."
Former Supreme Court Bar Association (SCBA) president Abid Zuberi said that while the speaker's move might lack legal standing, the ECP still has the capacity to take a lenient view and accommodate the speaker's wishes.
He said law and rules have taken a back seat in the country and anything and everything is possible.
He said if one speaks strictly within the framework of existing law, the short answer is that "the speaker does not have the authority".
SCBA President Mian Rauf Atta, speaking to The Express Tribune, said that the law permits only suspension, not disqualification.
He said that instead of taking such positions, the speaker should show magnanimity and embrace the opposition with open arms.
He noted that the opposition is there to do its job, i.e., oppose the government; and the government should not be too concerned with their protestation.
Atta, however, said that the opposition should also remain within respectful limits. He added that the speaker's move would further deepen the divide between the two benches in the house and ultimately diminish his own stature.
"Nothing that happened in the Punjab Assembly that day attracts disqualification" he said and added hopefully, the ECP will not entertain this request.
PILDAT President Ahmad Bilal Mehboob also agreed, saying that in his view, there was no ground for disqualification.
However, he said that decorum must be maintained in the assembly at all costs by the speaker if the house is to function effectively.
He said that while the punitive actions taken against the MPAs were indeed justified, it was difficult to make sense of this move at this juncture given the limited information available to him. "The move seems a bit too excessive," he added.
He said that nothing has been committed that would warrant disqualification.
The PPP and IPP have both opposed the reference, terming it a move in bad taste.
PPP's Hasan Murtaza said that the speaker should have abstained from taking such an "extreme step." "Suspension and a fine make sense; moving a reference does not," he added.
When asked about media reports suggesting that this harsh move was meant to teach a lesson to those who crossed the PML-N's red line, he said that it seems the PML-N is now hurt because they are getting a taste of their own medicine.
He questioned how they could forget the pejorative epithets, slurs, foul language and propaganda campaigns they once ran against their slain leader Benazir Bhutto. He added that every woman — whether in parliament or elsewhere — should be considered a red line, not just Maryam Nawaz. He emphasized that this was no way to deal with political dissent.
IPP leader Raja Yawar also disagreed with the speaker's decision to move the reference, calling it a step too far. He said that the speaker is otherwise a reasonable man, but "God knows what pressure he is under." He added that this move would only diminish the speaker's stature and predicted that the reference would soon end up in the bin.