Constitutional package no show as NA session begins after many delays and adjourns before midnight

Published October 19, 2024
The National Assembly session on Saturday. — DawnNewsTV
The National Assembly session on Saturday. — DawnNewsTV
Senate Deputy Chairman Syedaal Khan presides over the Senate session on Saturday night. — DawnNewsTV
Senate Deputy Chairman Syedaal Khan presides over the Senate session on Saturday night. — DawnNewsTV

The government’s constitutional amendments were missing in action as Saturday’s National Assembly session finally began after many delays from its scheduled time but was subsequently adjourned before midnight.

The Senate session also began but was adjourned around midnight for 30 minutes.

After multiple delays, the federal government was expected to meet today (Saturday) to mull the judicial reform package. The Consti­tutional Package is legislation proposing a set of constitutional amendments, including the extension of the chief justice’s term. A special parliamentary committee formed last month — which has the representation of all parties, including the PTI — has been discussing various proposals.

On October 11, the PPP made its proposals public, following which it and the Jamiat Ulema-i-Islam-Fazl (JUI-F) agreed on a shared draft of the amendments.

The federal cabinet was earlier scheduled to meet on Friday evening. However, it was later announced that a special cabinet meeting would take place on Saturday morning to approve the draft bill.

The 9:30am cabinet meeting today was again postponed till 10am, then till 12pm and was then supposed to meet at 2pm, seeing a total of four delays. The session did not take place.

According to a statement by the NA on its X account, yesterday’s session of the lower house of the parliament was adjourned till 3pm today. The Constitutional package is not part of the NA agenda, which was shared on X.

NA Speaker Ayaz Sadiq later changed the time for the assembly session to 7pm from 3pm. It was again later changed for the third time to 9:30pm.

The NA session began around 11:50pm. It was shortly after adjourned for 11:30am on Sunday by Deputy Speaker Syed Ghulam Mustafa Shah.

The Senate session, initially set to resume at 12:30pm, was delayed to 3pm, then to 6:30pm and then for a fourth time to 8pm, according to notifications issued by its secretariat.

The Senate session did not begin on time despite the presence of some senators in their seats. It finally began at 11pm with 37 members present under the chairmanship of Senate Deputy Chairman Syedaal Khan.

The session was adjourned for 30 minutes around midnight.

Govt claims numbers complete

Meanwhile, ministers of the federal government earlier claimed that it had the required number of lawmakers to pass the much-touted 26th constitutional amendment.

Addressing a press conference at Parliament House, Information Minister Attaullah Tarar said the consultation process was still underway with the government striving to achieve a complete consensus on the issue.

Recounting the various political meetings occurring in the past few days, Tarar said: “Despite the numbers and homework being complete, the attempt was made not to stop the consultation process and achieve broader consensus because when a constitutional amendment takes place, it is our obligation to not only bring all political parties onboard but have a fruitful debate on every clause to take it to a logical conclusion.”

He reiterated that the consultation was “speedily under way” and was further hastened with the government aiming to complete it at any cost today. He claimed that no prior amendment was subject to as much debate as the current one.

“As [PPP Chairman] Bilawal [Bhutto-Zardari] said yesterday. We have other options present but we are democratic-minded people and it is our effort to move forward on this matter after a complete consensus.”

He reiterated that there were “other options” present to the government and there was “no issue” in the number of lawmakers required to pass the package but democratic societies and people aimed to play their role in consensus building.

Prodded by reporters to elaborate on the “other options”, Tarar said: “We have those other options present while remaining within the ambit of the Constitution and the law but the thinking is present in our leadership to try till the last attempt to develop an overall consensus with all political parties.”

He said the other options would be exercised in the “greater interest”.

Similarly, Defence Minister Khawaja Asif also maintained that the government was pursuing a broad consensus on the constitutional package in both houses of parliament despite the government’s numbers being “pretty much complete”.

Addressing a press conference at Parliament House, he said, “We want to develop broad-based consensus in both the assembly and the Senate so that this legislation is passed.”

“This is not a law you pass every day and there is a need for judicial reform. The greater consensus we can reach, the better,” he added.

“Our numbers are complete. We presented a final draft yesterday and the PTI were due to meet their leader (Imran Khan) to agree on it today. However, their MNAs are going against the leadership.

“The major goal of this amendment is to establish the supremacy of parliament, as guaranteed in the Constitution,” Asif continued.

“Our turf (parliament) is being encroached on. We want to stop that to restore parliament’s omnipotence.”

The defence minister said that the Supreme Court had issued verdicts over the past several years that “encroached on the supremacy of parliament”. He urged the Supreme Court to “work within its defined role” and “not trespass on parliament’s turf as it is unconstitutional”.

“We are hoping that we can reach a consensus by evening,” Asif said. “Nobody wants to compromise parliament’s supremacy. Even if we cannot reach an agreement, we have the numbers to pass this.”

Asif then turned to allegations of parliamentarians being intimidated and their families being abducted and largely dismissed them criticising the PTI for being “known for making these false statements”.

“Even when they governed, they built a factory of lies,” Asif said. “They should reveal the names of those allegedly kidnapped, imprisoned, or held hostage,” he said.

Omar Ayub claims seven PTI lawmakers ‘abducted’

Meanwhile, talking to the media at Parliament House, Leader of the Opposition in the National Assembly Omar Ayub alleged that seven PTI lawmakers were “abducted” and the party was not in contact with them and was trying to trace them.

He said it would soon be known if the government really had the required number of lawmakers to pass the package and who was voting for it.

Separately, PTI Chairman Barrister Ali Gohar said two party senators were on the government’s side, adding that the names would be made public soon.

“We strictly condemn this. If people have to be picked up like this, then this is not democracy but a sham democracy.”

Bilawal claims PPP and JUI-F ‘100pc’ in agreement

Meanwhile, in another bid to secure support from opposition parties, Bilawal visited Maulana Fazlur Rehman’s residence again today, where he also met with Balochistan National Party-Mengal (BNP-M) chief Akhtar Mengal.

Other leaders from the three parties, including PPP’s Naveed Qamar and JUI-F’s Maulana Abdul Ghafoor Haideri, were also present on the occasion, a PPP statement said.

Talking to the media after the meeting, Bilawal announced his party was “100 per cent in agreement” with the JUI-F on the draft bill for the constitutional package.

“The PPP and JUI-F are 100pc on board with judicial reforms. I suggested to Maulana sahib that he be the one to present the bill in parliament.”

The Bhutto scion said that both parties agreed on abolishing the 19th Amendment and on creating the constitutional benches.

“The draft I want Maulana sahib to present is the one we worked on together,” Bilawal added. “We have also recommended in our draft that requests from parliamentarians will be sent to the Council of Islamic Ideology for approval.”

Bilawal acknowledged that the JUI-F chief had previously reached a consensus with the PTI, expressing confidence that the PTI, having spoken with party founder Imran Khan, would approach the JUI-F to reach a consensus.

“You are a political party, not a social media movement,” Bilawal said, addressing the PTI. “We have accepted some of your political demands, but requests cannot be completely fulfilled. We have done what we can.

“I have worked day and night to ensure that we reach a political consensus,” the PPP chairman reiterated. “God forbid if it is passed without consensus, it will be a defeat for parliament.”

He added that if the PTI raised issues or complaints after the amendments were passed then it would have to bear the sole blame.

Bilawal later again visited Fazl sometime after his media talk.

Earlier, a PPP delegation led by Bilawal also called on Prime Minister Shehbaz Sharif in Islamabad to discuss the “overall political situation”, state-run Radio Pakistan reported.

Deputy Prime Minister and Foreign Minister Ishaq Dar and Law Minister Azam Nazir Tarar also attended the meeting, the report added.

Mengal says no vote till lawmakers’ sons ‘returned’

On the other hand, Mengal maintained his opposition to the amendments, declaring his party would not vote in favour until the sons of party senators Qasim Roonjho and Naseema Ehsan — allegedly abducted by authorities — were released.

Addressing the media in Islamabad after his meetings with Fazl and Bilawal, Mengal lamented that the constitutional amendments were being “kept secret” from lawmakers.

 Akhtar Mengal speaks to media in Islamabad. — DawnNewsTV
Akhtar Mengal speaks to media in Islamabad. — DawnNewsTV

“The government has kept these amendments a secret from the public and we’re getting different drafts from different parties,” he said.

“But who is the creator of these amendments?” the BNP-M chief asked. “Is it the government, the coalition, the opposition? Or is it the elements that have always threatened the Constitution?

“We have never been a part of an amendment like this and we will not be a part of this,” Mengal declared. “It does not matter how many amendments there are, we will see them and decide on them, but only once our people are returned,” he added, noting that his party was part of the same opposition alliance as the PTI.

“I asked what the amendments are and neither the prime minister nor the deputy prime minister sent me a draft. Two of our senators have faced intimidation and threats. I said ‘we did not take part in politics at gunpoint during General Musharraf’s time’. We will not do it now either.”

Mengal later visited Fazl again around 11:20pm.

Imran instructs PTI to continue talks with Fazl

Separately, addressing a press conference after meeting Imran in jail, PTI Chairman Barrister Ali Gohar explained that Imran took the consultations with Fazl “in a positive manner” and instructed the party to continue consultations with the JUI-F chief.

Imran termed the constitutional amendment a serious matter that warranted further consultation with him and Fazl, according to Gohar.

He added that Imran tasked four senior PTI leaders to participate in the consultations: Opposition Leader in the National Assembly Omar Ayub, Opposition Leader in the Senate Shibli Faraz, Opposition Leader in the Punjab Assembly Ahmed Bachar and Khyber Pakhtunkhwa Chief Minister Ali Amin Gandapur. Gohar said a meeting would hopefully be held with Imran on Monday.

According to Gohar, this move was aimed at “developing a broader consensus”.

The PTI chairman added that the party disapproved of how the government was trying to pass the amendments and alleged that two PTI senators were in the government’s custody, demanding their release. He did not identify the senators in question.

“The Constitution is supposed to be a document that unites the nation,” Gohar said. “No amendment or legislation is passed like this. We strongly condemn this action.”

He added that no government had a two-thirds majority for a constitutional amendment and tried to develop a consensus. “This is the privilege of parliament,” Gohar said. “The way the government is pursuing this is unconstitutional and illegal.”

Gohar maintained that until the PTI received final instructions from Imran, it “will not be in a position to vote for the amendment”.

He alleged that the PTI founder was “cut off from the rest of the world” for the past two weeks and was not aware of the developments regarding the constitutional amendments.

“We strongly condemn the conditions in which Khan sahib is being kept,” Gohar said. “His cell had no electricity for five days … his access to newspapers and TV facilities was stripped for at least two weeks.

“Khan sahib has had no updates on anything related to the constitutional package,” Gohar alleged. “He did not even know that his sister was arrested. Despite this, he is in high spirits.”

Gohar said the PTI delegation was supposed to have a one-and-a-half-hour meeting, but police officials told it to leave after only 45 minutes. “We could not complete our consultation with him.”

The PTI delegation later again visited Fazl for further talks.

Consensus status

While the government earlier seemed confident of introducing the amendment draft in the Senate on Friday, the plans did not materialise after Fazl threatened to walk out of negotiations over alleged harassment of opposition lawmakers to secure support for the bill.

PPP’s Syed Khursheed Shah, who is spearheading the special parliamentary committee, claimed earlier on Friday that a “unanimous” consensus had been achieved within the body.

However, Bilawal later warned that if political parties in the parliament did not reach a consensus, he would push the amendment through parliament using a brute, or two-thirds, majority with coalition ally PML-N.

Meanwhile, Barrister Gohar had said his party was close to reaching a consensus with the JUI-F. MNA Malik Amir Dogar said the PTI would make its decision only after consulting Imran, who the PTI leaders met at Adiala Jail today.

The proposed tweaks are aimed at taking away the Supreme Court’s suo motu powers, setting the chief justice of Pakistan’s (CJP) term at three years and empowering the prime minister to appoint the next CJP from among the three most senior SC judges.

A major bone of contention was a proposed Federal Constitutional Court, which the PTI opposed and Fazl demanded a constitutional bench instead, which the draft now reportedly mentions.

An earlier attempt last month by the ruling PML-N to bulldoze the amendments did not succeed as it failed to win over the JUI-F and the legislation could not be tabled despite houses being in session.

Fazl mediates amid ‘duress’ allegations

Friday saw Fazl’s residence become the centre of attention as opposition leaders and members of the ruling coalition held simultaneous discussions with him, with Bilawal meeting with the JUI-F chief three times within 24 hours.

Fazl has been playing a key mediating role as the opposition voices concerns about the proposed amendments as well as alleges intimidation of its lawmakers for their support for the draft.

The PTI has claimed that its members were being offered up to Rs3 billion for their support of the amendments.

Mengal has also alleged that two senators from his party, including a woman, were being “mistreated” to secure their votes for the proposed tweaks.

BNP-M’s Naseema Ehsan, who attended a Senate sitting on Thursday, was so disturbed that she found it difficult to narrate details and just said: “The sanctity of chador and chaar diwari has been violated.”

Protests against the alleged harassment continued in both houses of the parliament on Friday, with JUI-F lawmakers giving the most hard-hitting speeches as they vowed not to vote for the amendments bill under “duress”.

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