Senate adopts resolution against PIA’s presidential ordinance

Ishaq Dar says wrong precedent being set;
govt to table ordinance in joint sitting of parliament

ISLAMABAD: In a setback to the government, the Senate on Thursday rejected ‘The Pakistan International Airlines Corporation (Conversion) Ordinance 2015’ on the basis of the combined opposition’s numerical strength while it enjoyed the backing of a government ally.

The government hinted at tabling the ordinance in a joint sitting of parliament’s two chambers. The ordinance envisages conversion of PIA into a company from a corporation by reverting the status of the national airlines as a statutory body that the opposition feared was a step towards privatisation. The move was initiated by the PPP, ANP, MQM, PML-Q and Jamaat-e-Islami. It was backed by the PkMAP.

The resolution signed by 52 opposition senators, moved by Senator Saeed Ghani of the PPP, was approved by the opposition members. It carried names of senators Saeed Ghani, Ahmed Hassan, Gianchand, Haji Saifullah Khan Bangash, Islamuddin Shaikh, Karim Ahmed Khawaja, Khanzada Khan, Mir Muhammad Yousaf Badini, Muhammad Yousaf, Mukhtiar Ahmed Dhamrah, Nawabzada Saifullah Magsi, Osman Saifullah Khan, Abdul Rehman Malik, Saleem Mandviwala, Sardar Fateh Muhammad Hassani, Sheher Bano Sherry Rehman, Zaheeruddin Babar Awan, Aitzaz Ahsan, Farhatullah Babar, Farooq Hamid Naek, Rozi Khan Kakar, Taj Haider, Khalida Parveen, Rubina Khalid, Sassui Palijo, Sehar Kamran, Hari Ram, Naseema Ahsan, Ilyas Ahmad Bilour, Baz Muhammad Khan, Muhammad Daud Achakzai, Shahi Syed, Sitara Ayaz, Zahida Khan, Mushahid Hussain Syed, Kamil Ali Agha, Saeedul Hassan Mandokhail, Rubina Irfan, Sirajul Haq, Col (R) Syed Tahir Hussain Mashhadi, Hidayatullah, Malik Najmul Hassan, Muhammad Usman Khan Kakar, Mohsin Aziz, Shibli Faraz, Muhammad Azam Swati, John Kenneth Williams, Muhammad Ateeq Shaikh, Samina Abid, Taj Muhammad Afridi and Nasreen Jalil to move the following resolution: “This House disapproves the Pakistan International Airlines Corporation (Conversion) Ordinance, 2015. (ordinance no. xvii of 2015).”

The presidential ordinance was promulgated on December 04, when the National Assembly was being convened — a move strongly agitated by the opposition, billing it as unconstitutional. The resolution that was moved under Article 89 of the Constitution — a proviso that was inserted into the 18th Constitutional Amendment to empower parliament - which deals with the powers of president in issuing ordinances also states that it can disapprove an ordinance passed by either National Assembly or Senate.

Leader of the House in Senate Raja Zafarul Haq and Finance Minister Ishaq Dar strongly protested the passage of the resolution, declaring the move a wilful attempt to disrupt what they said the ongoing reconciliatory approach among the political parties. He said a wrong precedent was being set by adopting such a resolution. Senator Dar even went on to say that the move was highly regrettable and condemnable, adding that after the Charter of Democracy, he had been advocating for a Charter of Economy, but the step taken by the opposition MPs hurt him to the point of no return, as he did not expect this from fellow lawmakers. He also threatened the opposition senators that the government had lots of options and the same ordinance would be passed by convening a joint sitting of parliament.

He insisted the PIAC ordinance was solely meant to improve the performance of the national flag carrier, adding there was not a single word that the entity was being privatised.

Zafarul Haq for the first time alleged that the Senate Chairman Raza Rabbani tactfully paved the way for the opposition to pass the resolution. But Rabbani, who is the author of the 18th Constitutional Amendment, rejected outright the accusations against him of siding with the opposition. He said that the Senate had no role but that of a post office as the resolution was moved by invoking the Article 89 of the Constitution, which he said was sent to the Law and Justice Ministry for approval.

“The Senate Secretariat has no role in admitting the resolution as it was sent to the law ministry and was included in the agenda after being approved by the law minister and the secretary law…our role is just that of a post office,” he added.

PPP Senator Farhatullah Babar said that he was shocked to see the reaction of the government after the passage of a constitutional resolution that was nothing but ‘a great deficit of trust and a great deficit of competence’.

“Why the presidential ordinance was issued in such haste if the government was serious to improve the performance of PIA and had no intention to privatise it…the treasury member had no idea what was in the resolution unless it was approved by the House,” Babar said.

Senator Farooq H Naek of the PPP said that once a resolution moved under Article 89 of the Constitution was passed, the ordinance stood repealed and no debate could be held on the resolution, adding, “It was a constitutional resolution.”

Senator Ghani said the opposition needed no certificate of patriotism from the government, adding that the opposition would continue to play its role whatever it deemed best for the country.