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Friday April 26, 2024

Non-ending dirty game of horse-trading and law

By Senator A Rehman Malik
February 16, 2021

Horse-trading is a non-ending game which happens during every election and both politicians and lovers of parliamentary status and power continue to keep this game alive.

The boxes of cash will still move from one sector to the other in Islamabad. The latest horse-trading video has shaken the base of our political system and there is a public demand for its investigation by a judicial commission. I had already written much before this horse-trading video that the votes are on auction in Pakistan at every stage of the election process. The statement of the prime minister that he was approached by someone and offered money was, in fact, a preamble to a crime, as offering or taking bribe by a public office-holder or a government servant is a cognizable offence punishable under the provisions of Sections 161-165A of Pakistan Penal Code and Section 5(2) of Prevention of Corruption Act 1947.

The prime minister needs to show the courage to expose such elements by way of directing the FIA for legal action with the disclosure of the name and place where this offer was made to him, which will determine the territorial jurisdiction for the registration of a case against the culprit. It is now a popular demand that the prime minister must come forward and disclose the name and if he does not disclose this secret crime, it means he is withholding the truth from the nation. Concealing facts of such a serious issue by a prime minister from the people of his country is considered a betrayal to them and he consequently loses his credibility to govern the country. In such a situation, he would fall under the category of not being Sadiq and Ameen as per Article 62 of the Constitution of Islamic Republic of Pakistan, which states as under: 62. Qualification for membership of Majlis-e-Shoora (parliament). (1). A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (parliament) unless (f) he is sagacious, righteous and non-profligate and honest and Amin.

To avoid any constitutional controversy as mentioned above, it is the appropriate time for the prime minister to disclose the name of the person(s) who had made an offer of bribe to him and to allow the FIA to take necessary legal action against the culprit(s). The leaked video has ample proof of horse-trading, coupled with the statement of the relevant person, which warranted registration of a criminal case against those who had indulged and are still indulging in a shameful act of horse-trading through bribery and corruption.

It is high time for the government to act according to the law and direct the

FIA to register criminal cases against those involved in offering and taking money for horse-trading. The PTI MPAs are claiming that the money was given by the PTI leadership whereas the prime minister is alleging against other political parties. Pervez Khattak claimed that it was given in a house in Islamabad without disclosing the ownership of the house, which is tantamount to lying and withholding the facts. The question arises as to why he did not report the commission of a crime to the Election Commission of Pakistan and the FIA when he became aware of the fact that a crime has been committed.

The political sale and purchase started in 1985 and the first victim happened to be PM Junejo and thereafter it was Shaheed Mohtarma Benazir Bhutto. However, this horse-trading could not complete its conclusive circle, courtesy Gen Babar, the then special assistant to the prime minister. According to media reports, in Balochistan, even the Balochistan Awami Party (BAP) a coalition partner of the PTI government in the federation, is protesting against horse-trading for Senate elections.

The present horse-trading video is likely to prove detrimental in the FATF as such big cash is seen out of the banking system. Tracking it back to the original sponsor of this horse-trading is not difficult as the FIA can track it overnight only if the government of the time is serious to reach its source of funding. Please mark my words that there will be more videos of the present ongoing horse-trading, which will be shocking the common man.

There is no section of law in election act where there is mention of horse-trading or any well defined hard punishment for horse-traders at both ends. There has to be stringent punishment for those invoked in horse-trading. It looks like our nation will continue to suffer as there is no certainty of punishment in our Pak land.

Note: opinions expressed are solely my own and not necessarily to reflect the views or opinions of my party.

The writer is a former Interior minister of Pakistan, chairman Senate Standing Committee on Interior, author of five books and chairman of think-tank Global Eye. He can be reached at: rmalik1212@gmail.com, Twitter @Senrehmanmalik