NA turns riotous as govt's open ballot bill presented

ISLAMABAD: A bill to bring the 26th Amendment to the Constitution, to pave the way for open balloting in Senate elections, was presented on Wednesday amid a noisy National Assembly session.

Minister for Law and Justice Senator Farogh Naseem tabled the bill on floor of the National Assembly. However, it requires two-third majority in the House for a constitutional amendment to see day of the light.

The government could not make progress on the constitutional amendment but it defeated three attempts of the opposition benches to get proceedings of the House adjourned due to lack of quorum.

The opposition members resorted to whistling, hooting and sloganeering while tearing apart copies of the constitutional amendment bill, which is aimed at Senate elections without secret balloting, conditional participation of dual nationals in Senate elections and voting rights of overseas Pakistanis. The opposition also protested against the speaker for allowing the bill.

Members of both the treasury and opposition benches continued to chant "go" against each other. In response to the ruckus caused by opposition members, government lawmakers also got up and protested loudly. Shah Mahmood Qureshi said: "It cannot be so that you say whatever you wish but do not listen to others."

Speaker Asad Qaiser eventually called for a recess when assembly proceedings became difficult to continue, after which the session was conducted by Deputy Speaker Qasim Suri. The Constitution in present form provides for secret balloting in elections of the prime minister and chief ministers. The 26th Amendment in the Constitution would also provide that a dual national would surrender his foreign nationality after winning elections.

“We cannot allow such constitutional package which is aimed to favour and protect friends of Imran Khan,” the PML-N parliamentarian Ahsan Iqbal said while speaking on a point of order. Ahsan Iqbal said the amendment bill which provides for permission to dual nationals to contest elections was aimed at protecting a federal minister from disqualification. He alleged that the government wanted open balloting in the Senate elections because it knew its own parliamentarians would not vote for friends of Imran Khan for their election as members of Upper House of the Parliament.

The PML-N leader recalled as to why the government did not opt for open balloting during elections of Senate chairman, adding that the government bulldozed the constitutional amendment in the standing committee of the House within 20 minutes.

Ahsan Iqbal also warned the government against character assassination and victimisation of the opposition leaders. “You will get respect if you respect us. Otherwise, we will respond in the same language,” the PML-N member said.

Accusing Speaker Asad Qaiser of partial attitude, Ahsan Iqbal said it was the House of Pakistan, and not PTI. “In the last two and a half years, you are not allowing our calling attention notices and adjournments,” he said.

Minister for Communications Murad Saeed and Adviser to PM on Parliamentary Affairs Babar Awan said amendment to the Constitution was required to stop sale of parliamentarians in the Senate elections.

“We want to ensure transparency in Senate elections, give right of vote to overseas Pakistanis and conditional permission to dual nationals to contest elections,” he said.

Murad Saeed said the opposition wanted to use the parliament to serve their interests while, whereas the government intended to execute constitutional amendment. The minister alleged that Nawaz Sharif, who used party funds for money-laundering, should return to the House if he was so patriotic.

Murad Saeed amid uproar from the opposition said that Nawaz Sharif was promoting anti-Pakistan narrative while sitting in London. He said Indian businessman Sajjan Jindal is close friend of Sharif family. “Those making hue and cry in the House are themselves thieves like their leaders,” the minister said, adding that they contest elections for looting the country.

The minister said the opposition parties threatened to resign from assemblies, but they did not have the courage to do so. Former prime minister and PPP leader Raja Parvaiz Ashraf said there were bad intentions behind the move as the government knew it did not have required number of votes in the House, but it wanted to give an impression that the opposition parties did not want transparent Senate elections.

The JUI-F parliamentarian Asad Mahmood said the opposition would not allow any constitutional amendment from backdoors. He said the bill should be discussed in the parliamentary committee.

Minister for Law Farogh Naseem observed as to how an amendment to the Constitution could be termed as unconstitutional. Parvaiz Ashraf alleged that the minister for human rights made such a gesture to the PPP member Agha Rafiullah which he could not explain.

On that Dr Shireen Mazari said she did not make any gesture, rather it was Rafiullah who insulted a PTI member and abused her. Meanwhile, Speaker Asad Qaiser, in his ruling, directed the government to keep Pak-Afghan border open six days a week for commuters. The chair made this ruling while speaking on a calling attention notice moved by Gul Dad Khan and Dr Haider Ali Khan regarding hampering of economic as well as social activities due to closure of Pak-Afghan border.

Interior Minister Shaikh Rashid informed the House that over 400,000 people monthly crossed the Pak-Afghan border by road. He said the government will abide by the speaker’s ruling. Earlier, Parliamentary Secretary on Interior Shaukat Ali said the border between Pakistan and Afghanistan remains open seven days for trade, while it is kept open for commuters four days a week.

Meanwhile, the Supreme Court on Wednesday observed that opposing holding of Senate elections through open ballot is tantamount to continuing horse trading. A five-member larger bench of the apex court headed by Chief Justice Gulzar Ahmed and comprising Justice Mushir Alam, Justice Umar Ata Bandial, Justice Yahya Afridi and Justice Ijazul Ahsen resumed hearing in the presidential reference seeking the court guidance over holding of Senate polls through open ballot.

Chief Justice Gulzar Ahmed observed that the purpose of opposing Senate elections through an open ballot is to continue the system of selling and buying votes. “It is in our mind as to why they are opposing and if they are opposing it means that they want to continue system of selling and buying votes,” the chief justice remarked.

Earlier, continuing his arguments, Attorney General Khalid Javed submitted that holding of upcoming elections for the Upper House of Parliament was not meant to malign the parliamentarians but to ensure that the elections are held in transparent manner.

Replying to a court query, the attorney general submitted that holding the Senate elections through open ballot was not meant for maligning the lawmakers but to ensure transparency in the election process.

The AG contended that purification of process was the main objective of the reference. He further submitted that MNAs and MPAs are held accountable on two counts – one for the voters and the other for the party as well.

“Speaking for myself I am still looking for an answer that when a person cannot be disqualified for voting against party line then what is the problem,” Justice Ijazul Ahsen asked the AG. The judge observed that there is nothing in any law that prevents a voter to vote for a particular party or against his/her party. He said if nothing proved about selling a vote even through an open ballot, nothing can happen.

“Let the voters know that the persons whom they voted for has not shaken their confidence,” the AG contended, adding that the trust rests with the people. “You mean that the people should know as to who deviated from party line,” Justice Umar Ata Bandial asked the AG.

The AG replied in the affirmative, saying that nobody says or objects to the process in transparent manner and if any political party brings that culture, it should be punished. The AG said that Pakistan today is much better in this regard and a better democratic country.

Justice Umar Ata Bandial asked the AG how the prime minister came to know that 20 MPAs sold out their votes. The AG replied that the prime minister had constituted a committee and later a defamation suit was filed against the PM.

“The party head should be a gentleman and he should stand up and say that such and such person has betrayed the party,” Justice Bandial observed. “A person has to be courageous to stand up and say that he is going to vote for a particular party,” Justice Ijazul Ahsen said.

The AG submitted that there was no terminology of horse trading in 1973 and Parliamentarians had no idea of this. Justice Ijazul Ahsen observed that the framers of the Constitution had an idea that the parliamentarians will abide by the party line. The AG submitted that there is no law available that bounds a voter to vote for the party candidate.

“But if a voter desires to vote according to his own conscience than why it should be kept secret,” Justice Ijazul Ahsen remarked. Justice Yahya Afridi observed that the opinion of the court on the reference will not be final, but the government will have to legislate on the matter.

The AG replied that the government has sought the opinion of the court so that there are no legal complications. The court adjourned the hearing for today (Thursday).