Tariq Fazal says govt seriously considering imposing emergency in KP

ISLAMABAD: Minister for Parliamentary Affairs Tariq Fazal Chaudhry said on Wednesday that the federal government is seriously considering imposing an emergency in Khyber Pakhtunkhwa under Article 232 of the Constitution.

Speaking to the media at Parliament House, Chaudhry said that the proposed emergency was not being considered because of political differences but due to the deteriorating law and order situation and an increase in terrorist attacks in the province.

“The government is seriously considering the imposition of an emergency in Khyber Pakhtunkhwa,” he said, adding that the move was being considered under Article 232 of the Constitution.

He said that the federal government was also considering giving the powers of the chief executive to another person under the constitutional mechanism.

“The provincial government is not cooperating with the federal government, while terrorists are roaming freely,” Chaudhry said.

He said that the federal government and law enforcement agencies were concerned about the security and law and order situation in the province.

“The government has a responsibility to ensure the protection of the federal capital,” the minister said.

Chaudhry said that a meeting would be held under the chair of the National Assembly speaker, with Pakistan People’s Party (PPP) leader Naveed Qamar also participating. The meeting would discuss matters relating to legislation, he said.

He said that the PPP would “certainly cooperate” over the issue.

The latest comments come amid an ongoing dispute with the KP government over security, governance and the PTI’s planned October 4 march on Islamabad.

Chaudhry had previously said that no final decision had been taken on imposing an emergency in the province.

Under Article 232 of the Constitution, the president may proclaim an emergency if satisfied that the security of Pakistan or any part of the country is threatened by war, external aggression or an internal disturbance beyond the power of a provincial government to control.

In the case of an emergency imposed on grounds of internal disturbance, the Constitution requires a resolution from the relevant provincial assembly. If the president acts on his own, the proclamation must be placed before both Houses of Parliament for ratification within 10 days.

While an emergency under Article 232 is in force, Parliament may make laws for the province on matters outside the Federal Legislative List, while the federal government may give directions to the provincial government regarding the exercise of its executive authority.

The federal government may also assume, or direct the provincial governor to assume, some or all functions of the provincial government, subject to constitutional limitations.

The Constitution separately provides for a proclamation in case of failure of constitutional machinery in a province under Article 234, commonly referred to as Governor’s rule.

Under this provision, the president may, on receiving a report from the governor and being satisfied that the provincial government cannot be carried on in accordance with the Constitution, assume provincial functions or direct the governor to do so.

The powers of the Provincial Assembly may also be made exercisable by or under the authority of Parliament.

PM Shehbaz weighs legal options for KP

Prime Minister Shehbaz Sharif on Wednesday chaired a high-level consultative meeting to review the situation in Khyber Pakhtunkhwa, with the government considering various constitutional and legal options amid the deteriorating security situation in the province and the Pakistan Tehreek-e-Insaf’s planned long march on Islamabad on October 4, sources said.

Interior Minister Mohsin Naqvi, Law Minister Azam Nazeer Tarar, Information Minister Attaullah Tarar and Minister of State for Interior Talal Chaudhry attended the meeting, according to the sources.

Naqvi briefed the prime minister on the law and order situation in KP, while the law minister gave a briefing on constitutional and legal matters relating to the province, they said.

The meeting also discussed backchannel contacts with PTI leaders and different legal and constitutional options to deal with the situation in KP, according to the sources.

The prime minister decided that all stakeholders would be taken into confidence before any decision was taken regarding KP.

According to the sources, he is also expected to meet President Asif Ali Zardari on the matter.

The consultations come amid mounting tensions between the federal and PTI-led KP governments over security, governance and the PTI’s planned march on Islamabad.

The PTI has set October 4 for its long march after postponing the originally planned September 27 protest.

A day earlier, Khyber Pakhtunkhwa Chief Minister Sohail Afridi said on Tuesday that the PTI’s planned long march on Islamabad would go ahead on October 4 “under all circumstances”, urging supporters to take part in the protest peacefully.

“October 4 will happen,” Afridi said while speaking at a joint news conference with provincial Adviser for Finance Muzammil Aslam in Peshawar.