Perhaps for the first time, the treasury staged a walkout retaliating to the opposition's similar move in the Senate on Tuesday. An interesting situation cropped up when the ruling coalition's chief whip, Kamil Ali Agha, flayed the opposition for the token walkout 'against the victimisation of their workers' and followed the suit, urging the chair to prorogue the session. "They requisition the session and then impede its proceedings by staging walkouts," complained the chief whip before walking out of the house. The opposition had requisitioned the session to discuss law and order, price hike and victimisation of their workers.
Opposition leader Raza Rabbani rushed back along with other senators to make sure that Senate chairman Mohammadmian Soomro did not prorogue the session. At that time, only three treasury senators were present in the house.
However, the chair paid no attention to the chief whip's demand and waited for the opposition to return to the house. Mushahid Hussain Syed, Dilawar Abbas and S.M. Zafar glued to their seats.
As the opposition requisitioned the session, therefore, it is primarily their responsibility to ensure quorum. Out of 100 members, 25 are required for maintenance of quorum.
The government informed the Senate that President Musharraf would address the Parliament's joint sitting shortly, as the opposition called the delay in this connection a clear violation of the Constitution.
Previously, President Musharraf had met this constitutional requirement on January 17 amid the Muttahida Majlis-e-Amal's (MMA) walkout and PPP, PML-N and other opposition parties chants of 'go Musharraf go' and thumping of desks.
The Senate came into being on March 12, 2003 while the National Assembly on November 16, 2002. Interestingly, last year, the aspect of both completing the calendar year was overlooked.
Senator Raza Rabbani and parliamentary affairs minister Dr. Sher Afgan Niazi locked in arguments whether or not a constitutional violation had taken place.
Without announcing exact date of presidential address, Niazi said President Musharraf would deliver his address to the parliament shortly.
He maintained that no violation of the constitution had taken place, as president would address the joint sitting. He added since the 20th session was requisitioned, therefore, during its continuation special session could not be summoned.
The minister said for summoning joint sitting of the parliament, a special summary is sent to the President for his due approval.
He agreed with the opposition leader that constitutional violation would take place if this requirement was not fulfilled.
Earlier, on a point of order, Rabbani said it was unfortunate that despite both houses had completed their mandatory calendar year, presidential address was not yet delivered.
Under the constitution, he argued, new parliamentary year begins with the presidential address. "The National Assembly and the Senate had new sessions sans the address, therefore, it was a constitutional violation."
He reminded the minister about his statement on the floor of the National Assembly on March 18 in response to a point of order by PPP's Naveed Qamar that the constitutional requirement was not fulfilled because the Senate had by that time not completed its calendar year.
The senator also said the minister had stated that without the joint sitting, no new session of the Senate would be summoned.
"If even we go by his statement, setting aside the constitution, the government has breached the constitution," Rabbani contended.
He also contested the minister's argument that since the session was requisitioned, therefore, the joint sitting could not be convened, saying there was no mention about a routine or requisitioned session as per article 56(3) of the constitution.
The constitution, he added, made mention of a new session only and it did not indicate whether or not it was summoned by the President or requisitioned by the opposition.
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