Fate of MPs hangs in balance as SC deadline expires tomorrow

ISLAMABAD - Despite the fact that Supreme Court granted three weeks time, which is expiring tomorrow (Tuesday), to find out ways to resolve controversy over parliamentarians elected in bye-polls after the passage of the 18th Amendment, the federal government has taken no step yet. However in many forums the federal ministers have stated that the government will bring the 20th Amendment for giving validation to the elections of those elected after 18th Amendment. After the passage of the 18th Amendment on 20th April, 2010 the Election Commission was charged with the duty of organising and conducting election to fill in casual vacancies in Senate, National and Provincial Assemblies. As the Election Commission (EC) has not been constituted in accordance with the 18th Amendment, therefore the elections organised by Election Commissioner are unconstitutional according to law. After hearing all the parties a three-member of the Supreme Court headed by Chief Justice Iftikhar Muhammad Chaudhary on May 19 gave three weeks to the federal government and the Election Commissioner to find out way to resolve controversy over parliamentarians elected in bye-polls after the 18th Amendment. The court observed that the difficulty could be overcome through fresh amendment in the Constitution. Hamid Khan, counsel for petition Imran Khan, said that there was no way except new amendment. The legal experts say that though the sessions of both the National Assembly and Senate were in process, but the Law Ministry did not at least laid the bill for 20th Amendment in any House of the Parliament, despite the fact it was budget session. Shah Khawar former attorney general told TheNation that the Law Ministry if had desired it could have laid the bill by suspending the budget session in order to inform the court that the process for the amendment Constitution has been initiated, but the Law Ministry did not do it. Zafar Ali Shah, senator and eminent lawyer, said normally during the Budge Session no other agenda is taken up, but in case of very important matter the session proceeding could be suspended and bill or any other issue could be take up. He said all the bye-elections were held unconstitutionally in the absence of the lawful Election Commission. Last year despite the Supreme Court orders twice regarding extending the period of additional judges of Balochistan High Court the federal government remained unmoved. Ultimately the Supreme Court had to pass the judgment to give extension to the BHC judges. The lawyers say if the Supreme Court showing judicial restraint the government should not take undue advantage of it. The fate of parliamentarians elected after the promulgation of 18th Amendment is hanging in balance in view the Supreme Court observation. Three senators, Abdul Hafeez Sheikh, Syed Sajid Hussain Zaidi and Dr Asim Hussain, 9 MNAs Chaudhary Asghar Ali Jutt, Jamshed Ahmed Dasti, Muhammad Akhtar Khan Kanju, Sardar Shafqat Hayat Khan, Ch. Tassaduq Masud Khan, Haji Khuda Bux Rajar, Mst Khadija Aamir Yar Malik, Sardar Mumtaz Khan, Sardar Awais Ahmed Khan Leghari, 11 MPAs Syed Basit Ahmed Sultan, mian Muhammad Ajmal Asif, Ahmed Mujtaba Gilani, Sardar Meer Badshah Qaisrani, Malik Saif-ul-Malook Khokhar, Ijaz Ahmed Khatoon, Malik Ghulam Raza, Saifuddin Khalid, Ghulam Qadir Khan Bettani, Muhammad Rashad Khan and Maulvi Muhammad Sarwar Musakhel and 6 MPs on reserved seats of women and minorities are Humaira Awais Shahid, Rana Rizvi, Arif Masih, Rasheed Khan Bhai, Chettan Mal were elected after the promulgation of 18th Amendment. The sources in the Election Commission shared with The Nation that since the enactment of 18th Amendment last year they have written to Ministry of Law and Justice about the constitution of Election Commission 4 to 5 times, but the government continuously ignored it. The ECP submitted its reply in the SC is that all the steps they had taken for holding bye-elections were for the continuity of the democratic system. The Joint Secretary ECP Syed Afgan that if the bye-elections on the vacant seats were not held then there would 29 vacant seats in the assemblies that have affected the parities number in the Houses. He said as no one has filed objection against the winning candidates therefore they continued to hold the by-elections. According to constitutional experts the parliamentarians actions will have constitutional cover till the judgment passed against them for their removal.

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