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Express Tribune
04-07-2025
- Politics
- Express Tribune
Allies, experts find loopholes
Listen to article 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.
Business Recorder
28-06-2025
- Politics
- Business Recorder
Noisy protest in Punjab PA budget session: Speaker bans entry of 26 opposition MPAs into house
LAHORE: The Punjab Assembly session began after a delay of three hours and 47 minutes under the chairmanship of Speaker Malik Muhammad Ahmad Khan. No opposition members were present at the start of the session. A resolution was presented condemning the tragic incident at the Swat River, with calls for the resignation of Khyber Pakhtunkhwa Chief Minister. The Assembly also held Fateha and offered prayers for the victims, seeking forgiveness and elevation of their ranks. Speaker Malik Muhammad Ahmad Khan ordered, stating that the House would not be allowed to be held hostage. While protest is a constitutional right, he stressed that it must adhere to the sanctity and rules of the Assembly. He condemned the recent budget session incidents involving vandalism, slogan-chanting, document tearing, and microphone destruction as unacceptable. Under Rules 210 and 223, action will be taken against members involved in unparliamentary and violent behavior. The Speaker warned that any member disrupting order would face consequences. Freedom of expression in the Assembly is conditional, bound by constitutional Article 19 and defined rules. Expressing regret, the Speaker noted that while the opposition was given ample freedom, it misused tolerance. Financial losses, estimated at Rs. 3 million, will be recovered from the responsible members. A violent protester threw the budget book at the Finance Minister, prompting the Speaker to highlight that countries like France and New Zealand also take strict action against such behavior. The dignity of the Assembly is paramount, and the Speaker announced firm measures against any future unconstitutional acts. The ruling applies equally to all members, regardless of political affiliation. Freedom of expression does not override other fundamental rights. Punjab PA budget session turns chaotic as treasury, opposition members trade barbs Referring to the Faizabad sit-in case and other judicial precedents, the Speaker stated that illegal protests are intolerable. No member can infringe upon another's right to speak, and maintaining order is essential. Upholding laws is the foundation of democracy, and turning the Assembly into a battleground betrays public trust. Speaker Malik Muhammad Khan stated that he has always strived to run the House in accordance with the Constitution and traditions. Unfortunately, opposition members violated his rulings, forcing him to take strict action. He imposed a ban on 26 opposition members from entering the Assembly. To ensure the democratic functioning of the House, all constitutional and legal measures will be taken. The opposition had torn copies of the agenda and chanted inappropriate slogans in the previous session. Among the suspended members under Rule 226 are Malik Fahad Masood, Syed Riffat Masood, Karimullah Khan, Zulfiqar Ali, Ahmad Mujtaba Chaudhry, Khayal Castro, Shahbaz Ahmad, Imtiaz Sheikh, Ijaz Shafi Muawang Zeb, Shoaib Amin, and others. The Speaker asserted that neither government members nor past precedents, such as those of Pervez Elahi, would dictate his actions. As a democratic leader, he follows democratic traditions. He warned that if protests occur in the Assembly, the armed sergeant would be summoned. Referencing past struggles, he noted that while leaders have faced imprisonment or even execution, such hardships do not justify disrupting the Assembly. Provincial Minister for Parliamentary Affairs Mujtaba Shujaur Rehman, while addressing the assembly, stated that this house has witnessed two tenures of a defensive government and two of a defensive opposition, but never an opposition like this. He remarked that the Speaker made sincere efforts to guide opposition members, but all attempts proved futile. Despite the chaos, the Chief Minister reaffirmed her commitment to Punjab's development in line with her vision. The pace of progress set by the Chief Minister indicates that work is now being done in the province. Rehman emphasized that if Nawaz Sharif's nine-year tenure is excluded, no major projects can be seen in Pakistan. During Nawaz Sharif's era, motorways were built, nuclear tests were conducted, and load-shedding was eliminated. Today, Nawaz Sharif's daughter serves as Punjab's Chief Minister, and his brother is Pakistan's Prime Minister, both serving the nation. He criticized the opposition leader for promising to elevate the dignity of the green passport but instead diminishing its value. Responding to allegations of Form 47, Rehman questioned how the 2018 elections were stolen, while the 2024 elections were orchestrated by remnants of General Faiz. He welcomed yesterday's Supreme Court decision and questioned how reserved seats could be allocated to a party that did not even contest elections. He praised the current Speaker for ending the negative traditions of Pervez Elahi and Sibtain Khan, adding that opposition members in standing committees were provided vehicles and other facilities. Rehman stated that even opposition members have mothers and sisters at home, but they crossed all limits. Government member Ahsan Raza remarked that the ruckus during the Chief Minister's speech was unprecedented, adding that there is a limit to tolerance. He argued that opposition members involved in misconduct should not just be suspended but disqualified, calling the Speaker's decision correct and stating that the opposition is unfit to sit in the assembly. Punjab Information Minister Azma Bokhari, addressing the assembly, highlighted the tragic incident in Swat where people called for rescue for two hours but received no help. She noted that tourists from across Pakistan visit the Swat River, yet no safety measures are in place. She condemned the opposition leader for refusing to denounce the incident or question Ali Amin Gandapur. Bokhari praised local youth Muhammad Hilal for his rescue efforts, noting that while rescue teams were present, they lacked resources. The Tiger Force was deployed, but locals protested when rescuers admitted they could not swim. She demanded accountability for the deaths of 10 innocent people, calling it a matter of humanity, not politics. She criticized the opposition leader for ignoring the province's progress, stating there is no benefit in engaging with him. She accused the opposition of corruption, referencing those who embezzled 190 million pounds in Adiala Jail, warning that disrespect will be met with disrespect. She condemned the opposition's vulgar language against the Prime Minister and Punjab Chief Minister, stating that she had to resort to unparliamentary slogans to make them understand. Respect, she said, must come from both sides. The Speaker, while discussing the Swat River tragedy, noted that those trapped in the river could not be rescued for 150 minutes. He expressed confusion over reports that the Khyber Pakhtunkhwa Chief Minister claimed he would have gone with a tembo (inflatable tube). PPP Parliamentary Leader Syed Ali Haider Gilani supported the Speaker's ruling, hoping it would restore order in the house. He noted the opposition's absence, suggesting they were ashamed to attend. He pointed out that the Chief Minister repeatedly mentioned South Punjab, indicating its priority in development plans. Copyright Business Recorder, 2025
