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Saturday, August 04, 2012

Shujaat not eligible to issue show-cause notices: Kashmala

* MNA says issuance of notice to her is violation
of Article 63A of constitution

Staff Report

ISLAMABAD: Pakistan Muslim League-Likeminded (PML-L) Information Secretary and MNA Kashmala Tariq, on Friday, said that Chaudhry Shujaat Hussain was an unconstitutional president of PML-Q and could not issue show-cause notices since he was neither a parliamentary party head nor a member of the National Assembly of Pakistan.
While giving detail of the reply to the show-cause notice issued to her, she said, “The notice in question is a nullity in the eyes of the law and the constitution, having been issued by a functionary not envisaged by the constitution.”
She said, “It may be noted that the issuance of such a notice by the party head is clearly in violation of the provisions of Article 63A of the constitution, that are applicable to me.
Any notice issued to me is constitutionally required to be issued by the head of the parliamentary party. Since the notice has admittedly not been issued by the head of the parliamentary party, it has no constitutional and legal value.”
“The matter regarding the elections for the leadership of the Pakistan Muslim League is currently sub judice before the Lahore High Court (WP No 6377 of 2010 titled Humayun Akhtar Khan v Election Commission of Pakistan) and in view of that fact, the self-proclamation of Chaudhry Shujaat Hussain to be the party head or the head of the parliamentary party is nothing but an act of usurpation, not entitled to any recognition under the law,” she added.
She said, “It may be noted in this regard that Article 63A of the constitution was amended by the 18th Amendment. Through the aforesaid amendment, certain changes were made to Article 63A, however, it is stated in Article 63(8) that Article 63A (8) substituted as aforesaid shall come into effect from the next general elections, to be held after the commencement of the constitution (18th Amendment) Act, 2010. Therefore, it can clearly be seen that until the next general elections, the provisions of Article 63A, as they existed before the 18th amendment, shall apply.”
“It is factually incorrect to state that I abstained from voting. The provisions of Article 63A only prohibit abstention or voting contrary to party directions. It does not penalise the absence of the house of any member. Therefore, the notice does not disclose any violation of Article 63A,” she added.

Courtesy www.dailytimes.com.pk

 

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