Letter to Ishaq Dar , MOU and Ordinance

sohnidhartie

Minister (2k+ posts)
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Memorandum of Understanding and Accord
This Memorandum of Understanding and Accord (hereinafter referred to as “this Accord”) is made at Islamabad on this 15[SUP]th[/SUP]day of January, 2015 between:
Pakistan Tehreek-e-Insaf, a political party established under the Political Parties Order, 2002 (hereinafter referred to as the “PTI”); and Pakistan Muslim League (Nawaz), a political party established under the Political Parties Order, 2002 (hereinafter referred to as the “PML(N)”).

(In this Accord the capitalized expression “Party” if employed is intended to refer to either the PTI or the PML-N, as the context requires and admits and the capitalized expression “Parties” where employed in intended to refer to both the PTI and PML-N collectively)Whereas the PTI has alleged that in the 2013 General Elections (hereinafter “2013 GE”)violations of the requirements of, inter alia,

Article 218(3) of the Constitution of the Islamic Republic of Pakistan, 1973 (hereinafter the “Constitution”) were widespread and that the overall results of the 2013 General Elections were affected to such an extent that the same do not reflect the true will of the electorate;Whereas the PML(N) does not accept this allegation and is satisfied that the results of the 2013 GE reflect the mandate granted by the electorate; andWhereas both parties have agreed in the national interest to resolve this issue through formation of an impartial Judicial Commission;Now, therefore, in consideration of the mutual covenants hereinafter set forth, it is hereby agreed as follows:-

  1. The PML(N) agrees to and shall ensure that an Ordinance under Article 89 of the Constitution is promulgated which provides for the formation of a Judicial Commission (hereinafter “Commission”) to investigate the 2013 GE. The agreed text ofthe said Ordinance(hereinafter “the Ordinance”)is attached herewith as Annexure A, which is an integral part of this Accord.

  1. The Commission shall comprise of three Honourable Judges of the Supreme Court of Pakistan. The Parties shall request that the Commission includes the Chief Justice of Pakistan as its Chairman.
3. The Commission shall enquire into and determine whether or not:
  1. the 2013 General Elections were and conducted impartially, honestly, fairly, justly and in accordance with law.
  2. the 2013 General Elections have been manipulated or influenced by anyone.
    1. the results of the 2013 General Elections, on an overall basis, are a true and fair reflection of the mandate given by the electorate.

4.1 The consequences of a final report from the Commission containing an affirmative finding of illegalities in the 2013 GE in accordance with the terms of reference set out in clause 3 hereof and in section 3 of the Ordinance shall be: (a) dissolution of the National Assembly by the Prime Minister in terms of Article 58(1) of the Constitution; and (b) appointment of a Caretaker Cabinet in accordance with the Constitution in consultation with all concerned including the PTI after which fresh elections shall be held to the National Assembly. Similarly, simultaneously, each of the Provincial Assemblies shall also be dissolved in terms of Article 112(1) of the Constitution and, after appointment of a Caretaker Cabinet in accordance with the Constitution in consultation with all concerned, fresh elections shall also be held to each of the Provincial Assemblies.
5.

The Parties agree that in the event the Commission exercises the power under section 6(2) of the Ordinance the head(s) of the Special Investigation Team(s) (hereinafter “SIT”) contemplated in the Ordinance shall be appointed by the Federal Government after consultation with the PTI. The PML(N) further agreed that simultaneously with the establishment of the SIT, non-controversial, non-partisan professionals shall be appointed as heads of NADRA and FIA and that the Secretary Election Commission of Pakistan (ECP) shall also be replaced after consultation with PTI after fulfilling requirements of due process.

  1. Neither the PTI nor the PML(N) leadership will make any statement which calls into question or in any way challenges, whether directly or indirectly, the credibility or integrity of the Commission or any of its members and both parties shall be bound by the findings and orders of the Commission and agree not to challenge the same in any manner.
  2. Upon signing of this Accord, both Parties shall make an appropriate public statement stating that they have signed this Accord and agreed to act in accordance with its terms.

  1. In the event of any dispute or disagreement with regards to the implementation of this Accord, the matter shall be referred to a Dispute Resolution Committee comprising six persons, three members to be nominated by each Party.

  1. It is confirmedthat a Parliamentary Committee on Electoral Reforms has already been notifiedfor the purpose of considering reforms required in respect of the electoral process. This Committee will continue to operate and will give its recommendations to Parliament.
  2. 1.Short title, extent and commencement. – (1) This Ordinance may be called the General Elections 2013 Inquiry Commission Ordinance, 2014.
In witness whereof the Parties have executed this Accord at the place and on the date first above mentioned:
For and on behalf of PML (N)For and on behalf of PTI
Name_________________________________Signature_________________________________Name___________________________________Signature___________________________________
Affirmation:The Pakistan People’s Party Parliamentarians (PPPP) and the Baluchistan National Party (BNP) hereby affirm the contents of this Accord and agree to abide by it.
For and on behalf of PPPPFor and on behalf of BNP
Name___________________________________Signature___________________________________Name___________________________________Signature___________________________________
ANNEXURE A

[AGREED TEXT OF THE ORDINANCE]

[See CLAUSE 1 of Accord]

General Elections 2013 Inquiry Commission Ordinance, 2014

An Ordinance to constitute a Commission to inquire into the conduct of the General Elections 2013 and for vesting such Commission with certain powers and for ancillary matters.
WHEREAS it is expedient to constitute a judicial commission to inquire into the organization and conduct of the General Elections 2013 held on May 11, 2013;

AND WHEREAS
the Senate and the National Assembly are not in session and the President is satisfied that circumstances exist which render it necessary to take immediate action;NOW THEREFORE, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make and promulgate the following Ordinance,

namely:-

  1. 2.Constitution of Commission.- (1) There shall be constituted a Commission to be called the General Elections 2013 Inquiry Commission, hereinafter referred to as the Commission, for carrying out the purposes of this Ordinance.
(2) The Commission shall comprise of three Judges of the Supreme Court of Pakistan, which shall be constituted by the Chief Justice of Pakistan, on the request of the Federal Government. The Federal Government shall submit such request no later than three days after the commencement of this Ordinance.

3. Scope of Inquiry.
(1) The Commission shall enquire into and determine whether or not:

  1. the 2013 General Elections were and conducted impartially, honestly, fairly, justly and in accordance with law.
  2. the 2013 General Elections have been manipulated or influenced by anyone.
    1. the results of the 2013 General Elections, on an overall basis, are a true and fair reflection of the mandate given by the electorate.

  1. 4.Powers of Commission. (1) The Commission shall have all of the powers of a criminal court under the Code of Criminal Procedure, 1898 and of a civil court under the Code of Civil Procedure, 1908.

  1. abuses, interferes with or obstructs the process of the Commission in any way or disobeys any order or direction of the Commission;

  1. scandalizes the Commission or any member thereof or otherwise does anything which tends to bring the Commission or a member of the Commission in relation to his office into hatred, ridicule or contempt;

  1. does anything which tends to prejudice the inquiry or determination of any matter pending before the Commission; or

  1. does any other act, deed or thing which, under any other law, constitutes contempt of court;
Provided that fair comment made in good faith and in the public interest on the final report after the completion of the inquiry shall not constitute contempt of the Commission.
  1. In the performance of its functions nothing in this Ordinance or in any other law for the time being in force shall preclude the Commission from examining and considering any document, material or evidence submitted in any election petition relating to the 2013 General Elections or appeal therefrom.

5. Procedure to be followed by the Commission and rights of political parties to representation before the Commission.
(1) The Commission shall have the power to regulate its own procedure, including the fixing of place and time of its sittings.

  1. any political party which participated in the 2013 General Elections shall, and such other persons as the Commission may permit in the interest of justice may, have the right and opportunity to submit evidence or material and make submissions thereon for consideration by the Commission.

6. Federation and Provinces to assist Commission and Special Investigation Team
. (1) It shall be the duty of all executive authorities in the Federation and in the Provinces to assist the Commission in the discharge of its functions and to comply with any of its directions and the Federal Government shall provide all necessary funds and facilities to enable the Commission to perform and carry out its functions under this Ordinance.

  1. Without limiting the generality of the sub-section (1), the Commission shall have the power to form one or more special investigation teams consisting of officers from the relevant executive authorities, including but not limited to, the Federal Investigation Agency, the National Database and Registration Authority, the directorate for Inter Services Intelligence, the directorate for Military Intelligence, and the Intelligence Bureau for the purpose of assisting it with its inquiry.

Explanation:
For the purpose of this Ordinance, any public servant who was appointed by or assisted the Election Commission of Pakistan in respect of the organization or conduct of the General Elections 2013 shall be deemed to be an executive authority.

7. Final Report of Commission.
(1) The Commission shall submit its final report on the matters set out in section 3 to the Federal Government as expeditiously as possible and, preferably, within forty-five days of its first meeting.

  1. The final report shall be a public document.

8. Dissolution of Commission.
On the submission of its final report the Commission shall stand dissolved.9. Ordinance to override other laws. (1) Subject to sub-section (2), the provisions of this Ordinance shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.(2) The conduct of the inquiry, submission of its report and the exercise of its functions under the Ordinance by Commission shall not prejudice in any manner whatsoever any pending election petition relating to the General Elections 2013 or appeal arising therefrom or any orders passed in such petition or appeal or any proceedings thereof before any election tribunal or court, which shall all continue and be decided in accordance with the applicable law.



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Time Being

MPA (400+ posts)
Why is this whole thing in 'English' language ONLY ? Is, English the official (or 2nd official language) of Pakistan ?

These third class over privileged wolves are fighting for power and thats all it is. Koi naya pakistan naheen hay ye aur koi vision naheen hay behind all this circus. There is nothing to this whole drama. Well.. Cocaine kya kya karwati hay insan say.
 

Husaink

Prime Minister (20k+ posts)
Why is this whole thing in 'English' language ONLY ? Is, English the official (or 2nd official language) of Pakistan ?

These third class over privileged wolves are fighting for power and thats all it is. Koi naya pakistan naheen hay ye aur koi vision naheen hay behind all this circus. There is nothing to this whole drama. Well.. Cocaine kya kya karwati hay insan say.

تمھارے مالکان کو جائیدادیں لندن میں رکھنے کا شوق تو بہت ہے مگر اتنی توفیق نہیں ہے کہ اپنے کمیوں کو تھوڑی بہت انگریزی ہی پڑھا دیں
 

Time Being

MPA (400+ posts)
تمھارے مالکان کو جائیدادیں لندن میں رکھنے کا شوق تو بہت ہے مگر اتنی توفیق نہیں ہے کہ اپنے کمیوں کو تھوڑی بہت انگریزی ہی پڑھا دیں

ہاں بھائی تمھارے اس ایک جملے سے ہی پتہ چل رہا ہے کے واقعی تمہاری تعلیم بھی کافی کم ہے اور اسکے ساتھ ساتھ تمہاری تربیت میں بھی خاصی زیادہ کمی رہ گئی ہے . تو میرا تم سے پہلا سوال یہ ہے کے اس تربیت کی کمی کا الزام تم کس پر عائد کرنا چاہو گے ؟

چونکے دوسروں پر الزام لگانا ہر پاکستانی کا بنیادی حق ہے اسلئے بلا جھجک نشاندہی کردو ان لوگوں کی جن کی وجہ سے تمہاری مناسب تربیت نہیں ہو پائی


جے ہلکے ہلکے کن لال ہوے تے کہہ جوگیا تیرا ای کمال اے ;)