ISLAMABAD: Holding Pakistan Muslim League-Nawaz (PML-N) president Shahbaz Sharif responsible for disunity within the ranks of the opposition in the parliament, Jamiat Ulema-i-Islam (JUI-F) chief Maulana Fazlur Rehman has announced that his party will not vote in favour of the key bills regarding the tenure of the services chiefs and chairman, joint chiefs of staff committee.

The party was, however, yet to make a final decision whether its members would vote against the bills in the two houses of the Parliament or they would abstain from the voting process, the JUI-F chief declared while addressing a news conference after presiding over a meeting of the party’s Central Executive Committee on Saturday.

According to him, the parliamentary group of the JUI-F has been empowered to make a final decision in this regard.

Giving reasons for the party’s crucial decision, Maulana Fazl said the JUI-F believed that the present National Assembly was a product of ‘rigged’ elections of 2018 and it had no right to do such an important legislation.

Holds PML-N president responsible for disunity in ranks of opposition

“The JUI-F and all the other opposition parties had rejected the (results of) elections held on July 25, 2018. We still have the same stance. We cannot allow the fake assembly to do legislation on such an important national matter,” the Maulana declared.

In response to a question, the JUI-F chief said he had contacted the PML-N leadership and complained over its unilateral decision to support the government bills in the parliament. He said that being the opposition leader in the National Assembly, it was the responsibility of Shahbaz Sharif to keep the opposition united.

He said both the PML-N and Pakistan Peoples Party were holding talks with the government on the procedural matters “which is against the united stance of all the opposition parties”. The JUI-F chief reiterated that the opposition believed that the present National Assembly was “fake” and had no right to do legislations on important matters.

He was of the opinion that both the PPP and the PML-N by discussing the procedures with the government had provided legitimacy to the present assembly.

PPP chairman Bilawal Bhutto-Zardari had also alleged that the PML-N leadership had not taken all the other opposition parties into confidence before extending its “unconditional support” to the bills.

When contacted, PML-N chairman and Leader of the Opposition in the Senate Raja Zafarul Haq agreed that being the opposition leader, it was Mr Shahbaz’s responsibility to keep the opposition united in the parliament. However, he said, due to the sensitivity involved in the issue of the army chief’s extension, it was not appropriate to hold lengthy consultations. Moreover, every party was free to make its own decision, he said, adding that this was evident from the fact that there were some parties which were openly opposing the bills.

The government had introduced the three bills in the NA on Friday as per the directives of the Supreme Court to remove ambiguity in laws and to provide legal grounds to the extension given to Chief of the Army Staff Gen Qamar Javed Bajwa after the SC suspended controversial notifications of the government in this regard last year.

The laws, once approved, will fix 64 years as the maximum age limit of the three services chiefs and the CJCSC with the prime minister having the prerogative to give an extension to any of them in future and the president having the power to give the final nod.

Clause 8C about “Retirement age and service limits of the Chief of the Army Staff” says “the retirement age and service limits prescribed for a General, under the Rules and Regulations made under this Act, shall not be applicable to the Chief of the Army Staff, during his tenure of appointment, reappointment, or extension, subject to a maximum age of sixty-four (64) years. Throughout such tenure, the Chief of the Army Staff shall continue to serve as a general in the Pakistan Army”.

Clause 8A(2) of the bill says the terms and conditions of the COAS shall be determined by the president, on the advice of the prime minister.

Clause 8B (1) which is related to extension in service of the COAS says: “Notwithstanding anything contained in this Act or any other law for the time being in force, the President, on the advice of the Prime Minister, may reappoint the Chief of the Army Staff for additional tenure of three (03) years, or extend the tenure (s) COAS up to three (03) years, on such terms and conditions, as may be determined by the president on the advice of the prime minister, in the national security interest or exigencies, from time to time.”

Once the bills are passed and they became law, they could not be challenged in any court of law, according to Section (2) of Clause 8B that says: “Notwithstanding anything contained in this act or any other law, or any order or judgment of any court, the appointment, reappointment or extension of the COAS, or the exercise of discretion by the appointing authority in this regard, shall not be called into question before any court on any ground whatsoever.”

Published in Dawn, January 5th, 2020