In an unprecedented move in the parliamentary history of the country, the Upper House was turned into a courtroom on Thursday, and the senators gave arguments on the legal and constitutional issues involving the appointment of the opposition leader with Chairman Farooq Naik, who is also a lawyer by profession, presiding over the session.
The issue which kept the House business including debate on the budget 2011-12 hostage since the Senate chairman issued notification appointing Abdul Ghafoor Haideri of the JUI-F leader of the opposition in the Senate also created a rift, leading to a tug of war between the JUI-F and the PML-N and its allies. The chairman had decided to hear the arguments from the senators to settle the issue once for all.
Opening the arguments, PML-N’s Zafar Ali Shah said the Senate chairman would have to consider the numerical strength of the members supporting a nominee for the opposition leader’s slot. He said if the chairman intentionally or unintentionally ignored the numerical strength or voice of the opposition members in the Senate, it would cause harm to parliament.
He said in the light of definition of the leader of the opposition, a member of a House who, in the opinion of the chairman of the Senate, for the time being commands the majority of the opposition members should be nominated as leader of the House. The PML-N parliamentarian said the chairman should use his opinion judiciously and should not form an opinion overnight.
Shah said Article 63-A did not hit nine senators of the Likeminded group who were deprived of their right to vote in the nomination of the opposition leader. Coming to the defection clause, he said a member could be disqualified on ground of defection if he voted in the House, contrary to any direction issued by the parliamentary party to which he belonged, in relations to election of the prime minister, or a vote of confidence or a vote of no-confidence, or a Money Bill, adding “None of these conditions apply on these nine members who endorsed Ishaq Dar as the opposition leader in the application sent to Senate chairman”.
He said a case filed by the dissident PML-Q senators against party president was also pending before the Lahore High Court. He said neither a court order nor the ECP barred the nine PML-Q members to be part of the opposition.
He was of the view that these members could retain their identity as an independent group in senate and added the chairman must have to recognise them as an independent group. He said it is not the discretion of the chairman to nominate any member of his choice as opposition leader.
enator Naeem Chattha said they were part of the opposition, adding that the chairman had recognised them as an independent group and allotted seats on the opposition benches. He submitted that the PML-Q senators could not be deprived from their right to vote. He said the defection clause did not apply to them, adding that the party chief could move against them for violation of party discipline. He said independent senators could in no manner be declared part of the opposition.
Senator Hafiz Rashid told the chairman that he decided to join the opposition benches after the JUI-F parted ways with the PPP-led government in the Centre on December 14, 2010. He submitted that independent members be recognised as part of the opposition. Professor Khurshid in his arguments said the chairman in his earlier ruling omitted the status of independent members and their right to vote besides their relationship with the opposition, adding that the chairman could review his decision if substantial flaws were identified in the ruling.
He said party chief did not take any notice of what the other party termed defection of the PML-Q senators. Senator SM Zafar submitted that there was no provision of a right to vote in the given situation, adding that it was the discretion of the chairman to nominate opposition leader. He said the chairman would have to prefer the single largest party in the House while nominating the opposition leader.
