Chairman Senate Raza Rabbani on Wednesday questioned the inordinate delay in laying 'The National Command Authority (Amendment), Ordinance 2016' in Senate after passage of 92 days that was supposed to be presented in the House within ten days of its promulgation.
Though he allowed to lay the Ordinance in the House, yet quickly announced a panel of senators with legal background consisting opposition leader in Senate Aitzaz Ahsan, Javed Abbasi, Muzafar Hussain Shah, Babar Awan, Barrister Muhammad Ali Saif including defence and law ministers to assist him what action could be taken for the delay.
He said that the ordinance that was published in the official gazette on March 13, 2016 but was not presented in parliament raises a big question mark, as three sessions have been passed since then. "It is not only breach of Senate's privilege but also the parliament, as the lawmakers have been deprived of their rights," he observed. Senator Farhatullah Babar of Pakistan People's Party (PPP) also raised questions over what he said surreptitious manner in which the Ordinance to amend the National Command Authority Act was laid before the Senate. He commended the Senate chairman for asking a pertinent question as to why the Ordinance had been laid so late after 92 days of its signing by the President, the Senator said that the matter needed to be probed.
Senator Babar said that the Ordinance sought to nullify court judgements and all existing laws applicable to the employees of organisations under the Authority, besides seeking unlimited funds for its functions beyond the purview of audit and without any oversight.
He said that as a result of the amendment all court orders and existing laws were rendered ineffective and non-applicable "unless approved by the federal government and published in the official gazette".
The court judgements and laws had their own force and do not depend upon "approval of the government and publication in the gazette" for implementation, he said and asked as to why this basic principle was bypassed. "By the simple device of withholding publication in the official gazette the employees of organisations under the Authority will be denied their rights accrued under court orders and applicable laws," he added.
Babar said that under another amendment the federal government shall have to provide unlimited funds both in foreign and local currencies "as may be necessary" without making provisions for justification, oversight and accountability. He said that questions arose because the Ordinance promulgated on March 13 was not placed before the Parliament for over 90 days during which three senate sessions were held. It was laid today just when the senate is about to be prorogued, he said.
He proposed that the Ordinance be referred to the committee for a review. However, Senate chairman said that under the law, it could only be laid today and that it could be referred to the committee only after it came up before the parliament as a bill. WESTERN ROUTE CONTROVERSY The Minister for Planning and Development Ahsan Iqbal informed Senate that Rs 35 billion have been allocated in budget 2016-17 for the early completion of Western route of China-Pakistan Economic Corridor (CPEC) project. He stated this after Senator Taj Haider, chairman of Senate Special Committee on CPEC, presented 2nd interim report of the committee in the house.
Ahsan dispelled the impression that a meager amount was allocated for the Western route, in the budget. He stressed that western route has always been the top priority of the government which is reflected from the allocation of Rs 22 billion for Dera Ismail Khan-Burhan section, in the recent budget.
The significant work has also been done for the early ground-breaking of Gwadar International Airport, he said, adding the governments of Balochistan and Khyber-Pakhtunkhawa were fully supporting the project and their reservations had been addressed.
The minister also said that Rs 5.4 billion had been allocated for up-gradation of Indus Highway, in the budget 2016-17, which shows all-out efforts were being made to expedite the pace of development work in the country. The Senate Special Committee in its report regretted that there were many indications that agreed western route of CPEC was not being given priority that had been accorded to it by the Prime Minister.
About the work on eastern route and Peshawar to Karachi main line of railway and a six lane motorway, it added, are expected to be completed at a very early date, but the work on western route from DI Khan to Gwadar sections and construction of deep sea berths at Gwadar port were mere eyewash.
About economic zones, the committee endorsed Dr Qaisar Bingali, a renowned economist, who had said that it was not necessary to make economic zones right next to CPEC motorway. It said that projects should be located where these economic zones were most feasible economically, and then it should be linked to the main CPEC motorway through feeder routes.
It has strongly recommended that an integrated and comprehensive plan of providing electricity all along agreed western route should be taken up, adding that large deposits of good quality coal in Balochsitan can be used to generate electricity. "If power tariffs quoted in Dubai are less than half and even one forth of tariff prevalent in Pakistan, the solar power option should be considered," it added.
Responding to a calling attention on decrease in export of textiles and clothing by 3.5 pc during first 10 months of current fiscal year, Trade Minister Engineer Khurram Dastgir Khan said that a comprehensive incentive package had been announced in the new budget to bolster the exports of textile products. He pointed out that exports of value added product including ready-made garments and knitwear witnessed growth during the outgoing financial year, adding that the government was committed to support all export-oriented sectors and equip them with the latest technology to achieve the objective of higher exports. Taking part in budget debate, Senator Najma Hameed said that her party always paid special attention to boost the economy. The PML-N senator said that CPEC project will usher in a new era of development of the country.
She proposed that taxes on milk and dairy products should be withdrawn, saying that the milk for children is something which no one can avoid and bringing it under heavy taxation is not justified, which needs to be abolished. Raheela Magsi appreciated the government's steps towards enhancing the tax revenues. She said that increase in the salaries of government employees should be increased by 15 pc.
PANEL REPORT The chairman Senate also barred Senator Javed Abbasi, Chairman Standing Committee on Law and Justice, from presenting a report on the bill further to amend the Contempt of Court Ordinance, 2003, after he said that the report was finalised in presence of Barrister Zafarullah, Special Assistant to the Prime Minister.
Rabbani said that said special assistant neither had the status of state minister nor taken oath and cannot attend the meeting of the committee, adding that we need to determine in which capacity he attended the meeting of a parliamentary panel.
He also announced the senators with legal background to assist him in the matter.