ahlam1399
05-07-2016, 04:44 AM
ISLAMABAD: Tough government-opposition negotiations are on the cards to marry up their Terms of Reference (ToRs) to produce a consensus document in order to pave the way for probe into offshore companies by the yet-to-be formed judicial commission.
However, the most fundamental will be the decision of the Chief Justice of Pakistan,Justice Anwar Zaheer Jamali whether to constitute the commission or stay away from it. As the government and opposition continue to fight a pitched battle on the ToRs, obviously for political objectives, the top judge’s determination is eagerly awaited.
** side has ironically offered its view if the chief justice declines to involve the apex court in this matter. What way out will be left to them then is a natural question that comes in the mind.
But a positive aspect is that both sides are disposed to sit together and discuss the ToRs to formulate the consensus paper. Their willingness shows that they don’t consider their drafts final.
“We don’t say that our ToRs should be accepted, but we want the government to sit with us to work out consensus terms,” Leader of the Opposition in the National Assembly, Syed Khursheed Shah says.
For the moment, the positions of the two sides are hard and inflexible. This always happens in such cases as every sides starts from a rigid position, presenting its production as the most appropriate.
The dialogue will be mainly conducted by the constitutional wizards of the two sides because the ToRs will be a legal instrument that is accepted by the chief justice on the touchstone of the Constitution and law. They will also certainly follow the input of their senior political leaders.
The political side, on behalf of the government, will be handled by its chief negotiator, Finance Minister Senator Ishaq Dar, who will fly back into Pakistan from Germany anytime. His team will include Law Minister Zahid Hamid and Special Assistant Barrister Zafarullah besides others.
Khursheed Shah, Shah Mehmood Qureshi, Aitzaz Ahsan, Hamid Khan and Jehangir Tareen will represent the other side. At every stage of protracted rounds of difficult parleys, they will have to maintain unity so that the loose alliance that prepared the ToRs doesn’t fall apart.
To start with, the two parties have given a blow for a blow response to each others ToRs. As the government wrote the letter to the chief justice and sent its ToRs to him, releasing them publicly; the opposition rejected them forthwith and an**unced that it will formulate its own terms. A day after the opposition made public its ToRs, the government dismissed them as inconsequential but said it was prepared to hold talks.
In its point to point response to the opposition’s ToRs, the government repeatedly referred to three constitutional articles 4, 10-A and 13, which, in its view, will be violated if certain clauses of these terms are implemented.
The constitutional provisions were referred to rebut different clauses of the opposition’s ToRs. In one of these clauses, the opposition’s terms said that its proposed act “shall provide for an irrefutable presumption of guilt in the event the respondent refuses or fails to give the authorisation or extend the facilitation. . .”
A**ther clause said that in case a respondent and his family omit to extend fullest cooperation to the committee or if they are unable to rebut the presumption that the assets were **t acquired through legitimate sources, funds and means, the commission shall direct them to forthwith liquidate and bring those assets and funds to Pakistan where the State shall forfeit them.
Reacting to it, the government said that ** order can be passed for liquidation and forfeiture of assets without proper trial and order of a court of competent jurisdiction. It also said that since the general power of attorney is unconstitutional and unnecessary, ** question arises of presumption of guilt on its **n-issue.
Article 4 says to enjoy the protection of law and to be treated in accordance with it is the inalienable right of every citizen wherever he may be, and of every other person for the time being within Pakistan.
It added that in particular, ** action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law; ** person shall be prevented from or be hindered in doing that which is **t prohibited by law; and ** person shall be compelled to do that which the law does **t required him to do.
Article 10-A said that for the determination of his civil rights and obligations or in any criminal charge against him, a person shall be entitled to a fair trial and due process.
Article 13 says ** person shall be prosecuted or punished for the same offence more than once; or shall, when accused of an offence, be compelled to be a witness against himself.
http://feeds.feedburner.com/~r/com/YEor/~4/UlW1ZzHQR1Y
أكثر... (http://feedproxy.google.com/~r/com/YEor/~3/UlW1ZzHQR1Y/118123-Govt-opposition-talks-on-the-cards-to-combine-ToRs)
However, the most fundamental will be the decision of the Chief Justice of Pakistan,Justice Anwar Zaheer Jamali whether to constitute the commission or stay away from it. As the government and opposition continue to fight a pitched battle on the ToRs, obviously for political objectives, the top judge’s determination is eagerly awaited.
** side has ironically offered its view if the chief justice declines to involve the apex court in this matter. What way out will be left to them then is a natural question that comes in the mind.
But a positive aspect is that both sides are disposed to sit together and discuss the ToRs to formulate the consensus paper. Their willingness shows that they don’t consider their drafts final.
“We don’t say that our ToRs should be accepted, but we want the government to sit with us to work out consensus terms,” Leader of the Opposition in the National Assembly, Syed Khursheed Shah says.
For the moment, the positions of the two sides are hard and inflexible. This always happens in such cases as every sides starts from a rigid position, presenting its production as the most appropriate.
The dialogue will be mainly conducted by the constitutional wizards of the two sides because the ToRs will be a legal instrument that is accepted by the chief justice on the touchstone of the Constitution and law. They will also certainly follow the input of their senior political leaders.
The political side, on behalf of the government, will be handled by its chief negotiator, Finance Minister Senator Ishaq Dar, who will fly back into Pakistan from Germany anytime. His team will include Law Minister Zahid Hamid and Special Assistant Barrister Zafarullah besides others.
Khursheed Shah, Shah Mehmood Qureshi, Aitzaz Ahsan, Hamid Khan and Jehangir Tareen will represent the other side. At every stage of protracted rounds of difficult parleys, they will have to maintain unity so that the loose alliance that prepared the ToRs doesn’t fall apart.
To start with, the two parties have given a blow for a blow response to each others ToRs. As the government wrote the letter to the chief justice and sent its ToRs to him, releasing them publicly; the opposition rejected them forthwith and an**unced that it will formulate its own terms. A day after the opposition made public its ToRs, the government dismissed them as inconsequential but said it was prepared to hold talks.
In its point to point response to the opposition’s ToRs, the government repeatedly referred to three constitutional articles 4, 10-A and 13, which, in its view, will be violated if certain clauses of these terms are implemented.
The constitutional provisions were referred to rebut different clauses of the opposition’s ToRs. In one of these clauses, the opposition’s terms said that its proposed act “shall provide for an irrefutable presumption of guilt in the event the respondent refuses or fails to give the authorisation or extend the facilitation. . .”
A**ther clause said that in case a respondent and his family omit to extend fullest cooperation to the committee or if they are unable to rebut the presumption that the assets were **t acquired through legitimate sources, funds and means, the commission shall direct them to forthwith liquidate and bring those assets and funds to Pakistan where the State shall forfeit them.
Reacting to it, the government said that ** order can be passed for liquidation and forfeiture of assets without proper trial and order of a court of competent jurisdiction. It also said that since the general power of attorney is unconstitutional and unnecessary, ** question arises of presumption of guilt on its **n-issue.
Article 4 says to enjoy the protection of law and to be treated in accordance with it is the inalienable right of every citizen wherever he may be, and of every other person for the time being within Pakistan.
It added that in particular, ** action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law; ** person shall be prevented from or be hindered in doing that which is **t prohibited by law; and ** person shall be compelled to do that which the law does **t required him to do.
Article 10-A said that for the determination of his civil rights and obligations or in any criminal charge against him, a person shall be entitled to a fair trial and due process.
Article 13 says ** person shall be prosecuted or punished for the same offence more than once; or shall, when accused of an offence, be compelled to be a witness against himself.
http://feeds.feedburner.com/~r/com/YEor/~4/UlW1ZzHQR1Y
أكثر... (http://feedproxy.google.com/~r/com/YEor/~3/UlW1ZzHQR1Y/118123-Govt-opposition-talks-on-the-cards-to-combine-ToRs)