As political tensions mounted with the start of the protest march by the opposition PTI, the top leaders of the two major ruling coalition partners — the PML-N and the PPP — on Saturday finalised a plan to bring the troubled Khyber Pakht (KP)unkhwa province under federal control by invoking constitutional provisions regarding imposition of an emergency and governor’s rule, sources close to the development told Dawn.
In a related development, Prime Minister Shehbaz Sharif called a meeting of the federal cabinet yesterday (Sunday) to discuss the plan. The ruling coalition leaders also decided to convene separate sessions of the National Assembly and the Senate on Tuesday (Oct 13).
The developments followed a flurry of political activities in the federal capital on Saturday, with Prime Minister Shehbaz holding separate meetings with President Asif Zardari and Jamiat Ulema-i-Islam (JUI-F) chief Maulana Fazlur Rehman to discuss available options for avoiding a direct confrontation with the opposition PTI, which is in power in KP.
The Maulana, who has been playing a role to facilitate the government-opposition talks, also held a meeting with PTI Chairman Barrister Gohar Ali Khan and Asad Qaiser and apprised them about the possible government’s move, if the PTI insisted on continuing its march.
“We are only facilitators of talks to defuse the prevailing tension but the decision will have to be made by the government and the PTI,” said a senior JUI-F leader after the Maulana’s meeting with the PM and PTI leaders.
Though, there were no official words from the government side, the statements issued by a couple of ministers and background interviews with some PPP leaders suggest that the government has made up its mind to invoke various provisions of Articles 232, 233 and 234 of the Constitution to take control of the KP and remove Chief Minister Sohail Afridi.
Interior Minister Mohsin Naqvi came out more directly when he said, “There was no room left to avoid the imposition of an emergency in KP.”
Talking to reporters, Mr Naqvi said the government had made every possible effort but had nothing more to offer [to the PTI].
“Ask Maulana Fazlur Rehman himself how hard I tried,” he said, adding that Barrister Gohar could also be contacted to confirm the efforts he had made in this regard.
“I tried my best till the very end, but I have nothing left,” Mr Naqvi added.
When contacted, Federal Minister for Information Ataullah Tarar confirmed that the prime minister had convened a meeting of the federal cabinet today (Sunday) to discuss the options of imposition of an emergency and governor’s rule in KP.
“You can understand the meaning of convening the cabinet meeting on Sunday [a weekly holiday],” the minister said, when asked if the government had decided to impose emergency in KP.
Similarly, speaking to a private TV channel, Minister of State for Interior Affairs Tallal Chaudhry also said that multiple options were being examined at different levels but questioned what other avenues were available with the federal government, with the PTI failing to fulfil the federal government’s repeated requests to cooperate in the fight against terrorism, and inciting people and speaking against national policy during the ongoing march.
Meanwhile, a senior KP government official told Dawn that all deputy commissioners and district police officers across the province had been directed to remain present in their respective districts till further orders.
A source in the federal government has told Dawn that the federal cabinet will approve a slew of measures under Articles 232 and 234 of the Constitution to proclaim state of an emergency in KP.
“A cocktail of the two articles”, as he put it.
According to him, the Constitution does not require cabinet approval.
“It’s the governor, the president and the prime minister,” he said. The cabinet approval is being done as an additional measure.
In another related development, KP Police chief Zulfiqar Hameed on Saturday issued guidelines to all the district police officers in the wake of possible violent protests and sabotage activities in case the federal government announced emergency in the province.
“In order to ensure public safety and security, in all cases of public protests there is a possibility that miscreants and anti-state elements may use an opportunity to excite violence, and carry out sabotage activities,” a notification read. The police chief has directed the SHOs to identify vulnerable places falling in the route of the protest procession and deploy sufficient police strength for their protection.
The official handout issued by the Presidency after the meeting between the PPP and the PML-N leaders said the prime minister held a meeting with President Asif Zardari and “discussed the overall political and security situation of the country”.
The meeting was attended by Deputy Prime Minister Ishaq Dar, Interior Minister Mohsin Naqvi, PM’s Adviser Rana Sanaullah, Information Minister Attaullah Tarar, Attorney General Mansoor Awan and PPP leaders, including Sherry Rehman, Naveed Qamar, Saleem Mandviwala and Dr Asim Hussain.
Constitutional provisions
Article 232 of the Constitution provides for the proclamation of emergency in a province.
It says, “If the President is satisfied that a grave emergency exists in which the security of Pakistan, or any part thereof, is threatened by war or external aggression, or by internal disturbance beyond the power of a provincial government to control, he may issue a Proclamation of Emergency.”
However, invoking of this article requires a resolution from the provincial assembly of that province.
“Provided further that if the President acts on his own, the Proclamation of Emergency shall be placed before both Houses of Majlis-e-Shoora (Parliament) for approval by each House within 10 days,” it says. According to this provision, parliament “shall have power to make laws for a province, or any part thereof, with respect to any matter not enumerated in the Federal Legislative List” during the time of the proclamation of an emergency.
Article 233 provides powers to the president to suspend certain fundamental rights during emergency period.
On the other hand, Article 234 deals with the imposition of the governor’s rule “in case of failure of constitutional machinery in a province”. For imposition of the governor’s rule, the president simply requires a request from the provincial governor, it says.