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Speaker puts brakes on PTI MPAs disqualification move
Speaker puts brakes on PTI MPAs disqualification move

Express Tribune

time8 hours ago

  • Politics
  • Express Tribune

Speaker puts brakes on PTI MPAs disqualification move

Listen to article Punjab Assembly Speaker Malik Muhammad Ahmad Khan apparently put the matter of PTI disqualifications to rest on Saturday by ruling the disqualification applications against 26 suspended lawmakers as non-maintainable, but by passing the buck to the judiciary and election tribunal. The sword of litigation still dangles over the suspended lawmakers, with the speaker making it clear that while his doors were not closed, the petitioners must first knock on the right ones, by securing a declaration from a court of competent jurisdiction before revisiting his office. In a move seen as a political de-escalation, the speaker has dismissed the applications filed against 26 suspended opposition lawmakers, following a successful round of talks between the treasury and opposition benches. A six-page ruling signed by the speaker outlines the rationale for rejecting the four separate applications, which sought to disqualify the PTI-affiliated MPAs over their disorderly and abusive conduct during the budget session. The move to dismiss the applications gained momentum after recent behind-the-scenes negotiations between government and opposition leaders bore fruit. According to sources, the reinstatement of the suspended MPAs is now expected soon. It is noteworthy that Speaker Khan had earlier suspended the 26 PTI lawmakers under Rule 210(3) of the Rules of Procedure of the Provincial Assembly of the Punjab, 1997, following their disruption of Chief Minister Maryam Nawaz's speech on June 27. In his detailed ruling, Speaker Khan noted: "Though serious legal and constitutional violations, including constitutional oath, have been alleged by the applicants, these violations first need to be established in a court or tribunal of competent jurisdiction before I could decide whether a question of qualification has arisen in terms of Article 63(2) of the Constitution and refer the question to the Election Commission of Pakistan." "The people are the source of all power, and through their vote, they confer trust — not to be undone without the gravest reasons. To disqualify a representative is not merely to silence a voice — it is to disenfranchise people. For an elected House is not only a chamber of laws; it is the echo of the people's will. That voice must not be silenced," he added. The speaker ruled that references to past cases, such as the Panama Papers and other disqualification jurisprudence under Articles 199 and 184(3) of the Constitution, were not valid in the current context. Such petitions, he noted, could undermine freedom of speech in the House and nullify the opposition's presence. Article 19 protects robust debate — even if abrasive — subject to reasonable legal restrictions. "These restrictions are found in our Rules, not in threats of permanent disqualification. Let the welfare of the people be the supreme law, the Assembly must remain a forum where dissent is voiced, not extinguished," the ruling stated. Speaker Khan stressed that the welfare of the electorate is best preserved when the House handles internal disorder itself, without disenfranchising voters' chosen representatives. He also expressed concern about many members' lack of familiarity with assembly rules, legislative processes, and the effective use of standing committees. He called for targeted training to uphold parliamentary supremacy and democratic accountability. "As elected representatives, we must legislate responsibly, put an end to political victimisation, and work together to uphold the supremacy of the people's Assembly and protect our democracy. Political parties are, after all, the true guardians of democracy and the responsibility to uphold the democratic functioning of the House lies with all of them collectively," the speaker added. He called for inter-party dialogue reminiscent of the Charter of Democracy to ensure the Assembly functions effectively as a space for public interest and genuine debate. Referring to political theory, Khan noted: "Modern societies are built upon dialogue; as Jürgen Habermas wrote, 'The public sphere is that realm of our social life in which something approaching public opinion can be formed,' underscoring that free, inclusive and reasoned discourse within parliaments forms the bedrock of democratic communities. Safeguarding this vital exchange of ideas is indispensable for our collective democratic future." In a strong critique of constitutional clauses historically used to undermine democracy, Speaker Khan declared: "As Speaker and a political worker, I firmly oppose anti-democratic constitutional provisions. This includes the infamous Article 58(2)(b), and Articles 62 and 63, all imposed by authoritarian dictators, notably General Zia-ul-Haq. These Articles have historically been weaponised to unjustly target elected politicians. We must end this vicious cycle; the Panama Case cannot become another tool like Article 58(2)(b). Otherwise, we succumb to Nietzschean nihilism, believing time is a flat circle and we are condemned to repeat mistakes." He asserted that misuse of these Articles undermines the constitutional right to political association and representation under Article 17. Disqualifying elected representatives on allegations or technicalities violates the presumption of innocence, disenfranchises voters and erodes the legitimacy of parliament. "The disqualification of elected representatives has deep roots in Pakistan's history. Early examples are the Public Representative Offices Disqualification Act 1949, and Elective Bodies Disqualification Order (EBDO) 1959. These 'backdoor tools' have consistently served non-democratic elements," the speaker stated. He criticised political parties for occasionally abetting such practices, citing the Panama "show trial" as an example of judicial overreach that continues to affect the political landscape through undemocratic means. "This destructive chain must be broken," Speaker Khan emphasised. "The very fact that the Constitution has been exploited this way means such challenging questions can be, and have been raised." He called upon the federal parliament to remove such dictatorial remnants from the Constitution to reclaim democratic values. Concluding his remarks, Speaker Khan affirmed: "During my tenure as Speaker, I will work to uphold parliamentary rule and the principles of representative constitutional democracy, as envisioned by our great Islamic Republic's founding fathers."

PA Speaker rejects disqualification references
PA Speaker rejects disqualification references

Business Recorder

time12 hours ago

  • Politics
  • Business Recorder

PA Speaker rejects disqualification references

LAHORE: Punjab Assembly Speaker Malik Muhammad Ahmad Khan on Saturday rejects disqualification references in its land mark decision. The Speaker dismissed disqualification references against 26 opposition members. In a detailed six-page written order, the Speaker clarified that the question of disqualifying an elected member cannot arise without a judicial decision. He emphasized that disqualifying a public representative is tantamount to silencing the voice of the people. In his ruling, Speaker Malik Muhammad Ahmad Khan stated that references should not be used as a tool for political vendetta. He criticized verdicts like the Panama case, stating that such decisions harm democracy and undermine political stability. He further stressed that differing opinions should be heard rather than suppressed, as criticism and dialogue are fundamental to a democratic system. The Speaker condemned protest behaviour within the Assembly but clarified that such incidents do not justify a member's disqualification. He urged political parties to focus on improving the legislative process and playing a constructive role rather than creating obstacles. On this occasion, the Speaker also proposed the formation of a 'Charter of Assemblies,' aimed at strengthening and bringing transparency to the parliamentary system. He advised political parties to prioritize public issues and avoid unnecessary conflicts. The Speaker's decision is being hailed in political circles as a balanced and democratic move, expected to reinforce parliamentary traditions. Copyright Business Recorder, 2025

PA speaker tosses disqualification bid of 26 MPAs into judicial arena
PA speaker tosses disqualification bid of 26 MPAs into judicial arena

Express Tribune

time18 hours ago

  • Politics
  • Express Tribune

PA speaker tosses disqualification bid of 26 MPAs into judicial arena

Listen to article Speaker Punjab Assembly, Malik Muhammad Ahmad Khan, has declared inadmissible the applications submitted by treasury lawmakers seeking the disqualification of 26 Pakistan Tehreek-e-Insaf (PTI) MPAs suspended for alleged abusive and violent conduct. Instead, he advised the petitioners to obtain a declaration from a court or tribunal of competent jurisdiction before approaching the Speaker again. Speaker Khan made the decision under Rule 210(3) of the Rules of Procedure of the Provincial Assembly of the Punjab, 1997. The 26 PTI lawmakers had been suspended following their disruption of Chief Minister Maryam Nawaz's speech on 27 June. In his detailed ruling, the Speaker stated, 'Though serious legal and constitutional violations, including breach of constitutional oath, have been alleged by the applicants, these violations first need to be established in a court or tribunal of competent jurisdiction before I could decide whether a question of qualification has arisen in terms of Article 63(2) of the Constitution and refer the question to the Election Commission of Pakistan.' Read More: Punjab speaker moves to disqualify 26 MPAs He further added, 'The people are the source of all power, and through their vote, they confer trust—not to be undone without the gravest reasons. To disqualify a representative is not merely to silence a voice—it is to disenfranchise people. For an elected House is not only a chamber of laws; it is the echo of the people's will. That voice must not be silenced.' Speaker Khan rejected the reliance placed by applicants on precedents such as the Panama Papers case and related jurisprudence under Articles 199 and 184(3), calling such comparisons 'not maintainable for constitutional and democratic reasons.' He warned that entertaining such petitions would erode the freedom of speech within the House and effectively nullify the opposition's role. Citing Article 19, he emphasised that robust—even abrasive—debate is protected, 'subject to reasonable restrictions imposed by law,' which are outlined in assembly rules, not by threats of permanent disqualification. He said, 'Let the welfare of the people be the supreme law. The Assembly must remain a forum where dissent is voiced, not extinguished. The electorate is best served when the House disciplines disorder internally while preserving the electorate's chosen representation.' Highlighting the need for improved legislative performance, the Speaker noted that many members lack awareness of assembly rules, legislative procedures, and the effective use of standing committees. He stressed the importance of targeted training to ensure the Assembly upholds parliamentary supremacy and serves the public interest. 'As elected representatives, we must legislate responsibly, put an end to political victimisation, and work together to uphold the supremacy of the people's Assembly and protect our democracy,' he said. Calling for inter-party dialogue in the spirit of the Charter of Democracy, he said, 'Political parties are the true guardians of democracy. There should be meaningful dialogue among all parties on the effective functioning of the Assembly to ensure that it serves the interests of the people and remains a forum for genuine debate and cooperation.' Also Read: Punjab speaker agrees to dismiss references against suspended PTI MPAs Speaker Khan strongly criticised certain constitutional provisions, particularly Articles 62, 63, and the defunct Article 58(2)(b), labelling them as relics of authoritarian regimes. 'These provisions, imposed by dictators such as General Zia-ul-Haq, have historically been weaponised to unjustly target elected politicians. We must end this vicious cycle. The Panama Case must not become another tool like Article 58(2)(b), or we risk falling into a nihilistic cycle where we repeat the same mistakes,' he said. He warned against disqualifications based on mere allegations or technicalities, which violate the presumption of innocence and erode parliamentary legitimacy. Citing past examples such as the Public Representative Offices Disqualification Act of 1949 and the Elective Bodies Disqualification Order (EBDO) of 1959, he said such 'backdoor tools' have consistently served non-democratic elements, often with political parties complicit. He termed the Panama case a 'show trial' and said its use as a precedent undermines constitutional rights to political association and representation under Article 17. 'This destructive chain must be broken,' he said. 'The very fact that the Constitution has been exploited this way means such challenging questions can be—and have been—raised.' He concluded by vowing to uphold parliamentary rule and the principles of representative democracy: 'During my tenure as Speaker, I will work to uphold parliamentary rule and the principles of representative constitutional democracy, as envisioned by our great Islamic Republic's founding fathers.'

Punjab speaker agrees to dismiss references against suspended PTI MPAs
Punjab speaker agrees to dismiss references against suspended PTI MPAs

Express Tribune

time2 days ago

  • Politics
  • Express Tribune

Punjab speaker agrees to dismiss references against suspended PTI MPAs

Listen to article The standoff between the Punjab government and the opposition over the suspension of 26 Pakistan Tehreek-e-Insaf (PTI) MPAs appears to have been resolved, as both sides reached a negotiated settlement, paving the way for the withdrawal of disqualification references filed against the opposition lawmakers. According to Express News, Punjab Assembly Speaker Malik Muhammad Ahmad Khan has decided to drop the references submitted to the Election Commission of Pakistan (ECP) against the 26 suspended MPAs. On the speaker's instructions, assembly officials have prepared a draft order suspending the government's applications, which will be formally issued upon the speaker's return from abroad. The references were originally filed by treasury lawmakers, including Ahmad Iqbal, Mian Mujtaba Shujaur Rehman, and Iftikhar Ahmed Chhachhar, accusing the opposition members of misconduct during a recent assembly session. Read More: Torrential rains claim six more lives in Punjab The controversy stems from an incident on June 27, when 26 members of the PTI were suspended from the assembly for creating a "disruption, ruckus and chanting indecent slogans" during the speech of Punjab Chief Minister Maryam Nawaz. The action was taken under Rule 210(3) of the Rules of Procedure of the Punjab Assembly, 1997. Despite receiving disqualification requests from the treasury benches, Speaker Khan granted the suspended MPAs an opportunity to present their case under Article 10-A of the Constitution, which guarantees the right to a fair hearing. The hearing took place in the speaker's chamber at the Punjab Assembly. Subsequently, a negotiation committee comprising members of the PML-N, its allied parties, and PTI was formed to resolve the impasse. Also Read: DSP among two policemen martyred in Mastung attack The committee met three times, with the most recent meeting held on Thursday. While no formal announcement was made after earlier rounds, both sides described the talks as productive. Sources indicated that the speaker's final ruling would determine the timing of the MPAs' restoration. The opposition, however, has maintained that it will boycott all assembly proceedings until the suspended lawmakers are officially reinstated. Speaking to reporters, Minister for Parliamentary Affairs Mian Mujtaba Shujaur Rehman confirmed that progress had been made, saying both government and opposition had agreed on a set of conditions.

Fate of suspended MPAs in limbo as talks stall
Fate of suspended MPAs in limbo as talks stall

Express Tribune

time2 days ago

  • Politics
  • Express Tribune

Fate of suspended MPAs in limbo as talks stall

The negotiation committees of the treasury and opposition lawmakers in the Punjab Assembly met again on Thursday to resolve the matter of the suspension of 26 PTI MPAs. The two sides have yet to agree on what constitutes a rightful protest and what is a ruckus. The treasury has linked the restoration of the 26 suspended MPAs with the Speaker Malik Muhammad Ahmad Khan's final ruling. However, the opposition has warned that its MPAs will not attend any assembly sessions until the suspended lawmakers are restored. In the third round of talks, the negotiation committee apparently agreed to run the house in accordance with the decisions of the business advisory committee and the Rule 223 of Rules of Procedure of the Provincial Assembly of the Punjab 1997. An insider wishing not to be named told The Express Tribune that the opposition did not fulfill the demand of the treasury to give documented assurance of the compliance of five conditions placed before them. The treasury's side was of the view that everyone speaking in the house must be given respect, heard without interruption, sloganeering and noise. The treasury said there should be no room for any abusive and violent conduct. The opposition said they discourage abusive and violent conduct but protest is their right. The treasury agreed with it but noted that there are democratic ways of protest which need to be adopted. Talking to the media later, Minister for Parliamentary Affairs Mian Mujtaba Shujaur Rehman said the government and opposition sides agreed on few conditions. However, he said, assembly rules are very clear. "No one in the house including Chief Minister Maryam Nawaz and Opposition leader Malik Ahamd Khan Bhachar will be interrupted," he said. Bhachar in his media talk did not confirm that the opposition agreed not to stage any protest or chant slogans during anyone's speech in the house. Sources privy to this matter said it seemed the opposition was given a safe exit in the name of negotiation after strong pressure and criticism over suspension of 26 MPAs. He quoted opposition lawmakers saying that no one could stop them from exercising their right of protest. No doubt, rules restrain lawmakers from interrupting while someone is speaking but it does not mean that their right of protest will be snatched which the rules allow them. However, both sides termed the third round of talks as a successful round. Speaker Malik Muhammad Ahmed Khan suspended 26 PTI MPAs on June 27 for creating "disruption, ruckus and chanting indecent slogans" during the speech of Punjab Chief Minister Maryam Nawaz in the house—under rule 210 (3) of the Rules of Procedure, Provincial Assembly of the Punjab, 1997. After that the speaker received applications from some treasury lawmakers seeking disqualification of aforementioned MPAs under Article 63(2) read with Article 113 of the Constitution. Speaker Khan provided an opportunity of hearing to the suspended MPA, under Article 10-A of the Constitution, to the PTI's suspended 26 MPAs in his chamber at Punjab Assembly. Later on, a negotiation committee, consisting of PMLN, allied parties and PTI was constituted. The speaker on Tuesday issued a press release clarifying that members suspended under Rule 210 of the Rules of Procedure 1997 would be entitled to vote in the said election.

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