Senate Chairman Farooq H Naek validated in his ruling on Tuesday the appointment of Jamiat Ulema-e-Islam-Fazl (JUI-F) Senator Abdul Ghafoor Haideri as leader of the opposition in the Upper House of parliament.
The controversy over Haideri’s appointment had emerged when the Senate chairman had appointed him opposition leader on June 6. The Pakistan Muslim League-Nawaz (PML-N) had stated that Haideri’s appointment was in violation of rules because he did not enjoy the confidence of the majority of opposition members, and the Federally Administered Tribal Areas (FATA) members, who had been counted in his favour, should be excluded from opposition members as they had lost their independent position by sitting on the treasury benches in the Upper House.
Treasury members and the JUI-F had argued that Haideri’s appointment was in accordance with the rules because he, being the leader of the largest political party on the opposition benches, had the right to be opposition leader in the Senate and the FATA members being “independent” could not be barred from casting votes in his favour.
The appointment became so controversial that the Senate chairman, realising the strong resistance from the PML-N, Jamaat-e-Islami and dissident senators of the PML-Quaid, invited a legal debate of the senators on the issue and reserved his ruling in the last week of June. The chairman gave his reserved ruling on Tuesday, saying Haideri had been appointed in accordance with the Senate rules. He also suggested amendments in rules to establish a mechanism regarding the status of independent members.
HAIDERI HAS MORE SUPPORT:
“In view of the discussion, I am of the opinion that Senator Muhammad Ishaq Dar of the PML-N has the support of 15 Members/Senators. On the other hand, Senator Maulana Abdul Ghafoor Haideri of JUI-F enjoys the support and confidence of 25 Members/Senators in the Senate. I, therefore, hold that Senator Maulana Abdul Ghafoor Haideri has been validly recognised as leader of the opposition in the Senate in terms of Rule 2 of Rules of Procedure and Conduct of Business in the Senate 1988,” the chairman said in his ruling.
INDEPENDENT MEMBERS:
“Taking this opportunity, I suggest that the Committee on Rules of Procedure and Privileges may recommend such amendments in the Rules of Procedure and Conduct of Business in the Senate 1988 so as to provide for a mechanism: (a) Defining the status of Independent Members, whether elected from Federally Administered Tribal Areas or Settled Areas/Provinces, inter alia, providing for their right to propose a member for the position of Leader of the Opposition, (b) for allocation of separate seats in the House to these Independent Members for the purpose of properly regulating the business of the House, (c) for formation of group or association, if any, by these Independent Members and for which certain privileges or facilities may be granted to them as may be deemed appropriate on the basis of their numerical strength, (d) maintenance of proper and updated record by the Senate Secretariat, inter alia, of all the communications/intimations, if any, received from various members of the Senate, from time to time, conveying their affiliation with Treasury or Opposition Benches, as the case may be,” Naek said further.
Reacting to the ruling, Senator Dar said it was not different from the one given on June 6 by the chairman. “If the chairman had to repeat the verdict, what was the point of holding a debate in the House and rewriting the decision?” Dar asked. Dar said further that a number of senators from the treasury benches had also supported the PML-N’s claim to the post of opposition leader. “These senators had proved the reasons behind depriving the PML-N of the slot were legally and constitutionally wrong,” he said.
Meanwhile, Haideri told Pakistan Today his party had welcomed the debate with open arms and had never been averse to revisiting the decision by the chairman. Criticising Dar for his statement, he said the PML-N’s reaction to the chairman’s ruling was against parliamentary tradition and democratic norms.
