ISLAMABAD, June 1: Pakistan people’s Party’s constitution amendment package contains insertion of Article 270AAA to give indemnity to certain actions of President Pervez Musharraf, including ordinances issued between July 12 and Dec 15 last year, but is vague on the issue of proclamation of emergency and Provisional Constitution Order (PCO).

The package, containing about 80 amendments, if approved, will make drastic changes in the Constitution to restore the sovereignty of parliament and curtail the powers of the president.

But perhaps the most significant of all the measures suggested is an amendment to reinstate all the judges who were sacked under the emergency order and to reinstate them to the position that existed on Nov 2, 2007.

The package suggests amendments regarding reinstatement of the superior court judges, a new form for members of the armed forces, validity of general elections of 2008, renaming of the NWFP and changes to the article dealing with high treason.

A copy of the package was handed over to Pakistan Muslim League-N chief Mian Mohmmad Nawaz Sharif by Law Minister Farooq Naek in Lahore on Sunday.

Analysts said the indemnity to be provided in the proposed package to President Musharraf would pave way for him to step down because most of his actions that had become controversial would get constitutional cover and, therefore, might not be challenged in a court.

The latest version of the Constitution contains new articles 270AAA, 270B and 270C providing indemnity to the acts of the president, including the sacking of about 60 judges, under his controversial decision to proclaim emergency. The 17th Amendment had introduced Article 270AA validating earlier acts of the president.

The insertion of Article 270AAA (point 73) might have been included in the package at a later stage because it has not been reported in the media.

Earlier, the media had been told that the package contained 62 amendments but the draft given to the PML-N chief has about 80 points.

It may be mentioned here that President Musharraf had already inserted an article in the Constitution and its clause-I validates the proclamation of the state of emergency on Nov 3, 2007.

However, the Article 270AAA proposed in the package does not mention specifically the proclamation of emergency and the National Reconciliation Ordinance.

The draft contains a note stating: “This is not a sacrosanct document and can be changed or altered by the coalition partners in parliament and others.”

Giving main objects and reasons of the package, it says: “Through extra-constitutional deviation, the Constitution of the Islamic Republic of Pakistan had undergone substantial changes adversely affecting parliamentary system envisaged by it. Substantial amendments have been made to restore its parliamentary character and also ensure independence of the judiciary.”

Our Staff Reporter in Lahore adds: The PML-N sought time to come up with its detailed response to the draft but said it fundamentally differed with the party’s stand which called for restoration of the judiciary through an executive order rather than a constitutional package.

The party’s spokesman Siddiqul Farooq said the PML-N could not accept such a deviation from its principled stand. The judiciary had to be restored with an executive order as agreed by both the major coalition partners in the Murree Declaration.

Mr Siddiqul Farooq said PML-N’s stand was supported by the legal fraternity, members of the civil society and people in general.

He said some other points in the draft like fixing the tenure of the chief justice or changing the age of superannuation of the judges also differed with PML-N’s stand.

The spokesman said the PML-N would study the daft clause by clause before offering its reaction.

The party would also invite other sections of the society, especially lawyers and representatives of the civil society, and respect their input before coming up with its response, he said.

He said a guiding principle for forming the party’s response was restoration of the Constitution to its pre-Oct 12, 1999, position.

He said the PML-N central executive council would meet soon to study the document and suggest amendments.

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