Prime Minister Shehbaz Sharif on Sunday responded to President Dr Arif Alvi’s letter — which was sent to the premier two days ago — in a bid to “set the record of the government straight” and bring the latter’s “partisan attitude” on record.On Friday, the president asked the PM to direct federal and provincial authorities to assist the Election Commission of Pakistan (ECP) in holding the Punjab and Khyber Pakhtunkhwa elections in accordance with the orders of the Supreme Court to “avoid further complications”.In his letter, Alvi also mentioned the “use of disproportionate force” by authorities against politicians, political workers, and journalists.
In a five-page strongly worded reply today, a copy of which is available with Dawn.com, PM Shehbaz stated that Alvi’s letter was “blatantly partisan” and in parts read like “a press release of the opposition political party Pakistan Tehrik-e-Insaf (PTI) whose one-sided, anti-government views you continue to openly espouse, notwithstanding your constitutional oath/office of President”.
The premier highlighted several occasions where, according to him, the president violated his oath including the order of the dissolution of the National Assembly on April 3 and failure to discharge his constitutional duty upon PM Shehbaz’s election as the prime minister.
“Despite the foregoing and several other instances, where you actively worked towards undermining a constitutionally elected government, I have made all-out efforts to maintain a good working relationship with you. However, the contents of your letter, its tone, and language have compelled me to respond to it,” the letter said.
PM Shehbaz said that the due process under articles 4 (Right of individuals to be dealt with in accordance with law, etc) and 10A (Right to a fair trial) of the Constitution was being afforded to everyone.
All the actions taken by the law enforcement agencies, he added, were being taken in accordance with the law.
“Regrettably and ostensibly due to your party allegiance, you have failed to note the sheer isolation of laws, contumacious disregard of court orders, attacking the law enforcement agencies, damaging public property, attempts to create chaos, civil and political unrest, and in short, to bring the country to the brink of economic default and civil war by the Pakistan Tehreek-e-lnsaf (PTI).
“Mr President, what has really ‘tarnished the image of Pakistan in the international community and is casting negative repercussions on the future of democracy and state of human rights in Pakistan’ is the complete disregard of the laws and the Constitution by the PTI,” PM Shehbaz pointed out in his letter.
He contended that the president had not once said anything regarding the conduct of former prime minister Imran Khan for his “aggressive, rather militant, attitude of a political order in complete defiance of court orders”.
Moreover, the premier stated that his government had ensured complete freedom of speech and expression as enshrined under Article 19 of the Constitution, subject on to “reasonable restrictions”.
“Regrettably again, you never raised your voice or shared your concerns in the manner that you have in your letter, in the past while the PTI was in power.”
In his letter, PM Shehbaz also quoted several media reports detailing the clampdown on media by the previous government, adding that the National Commission for Human Rights was kept “dysfunctional” during PTI’s tenure.
“There are several reports of international human rights organisations, which reflect poorly on the track record of the previous government on severe violations of human rights and the fundamental rights of the citizens of Pakistan. All of this, unfortunately, escaped your attention.”
The prime minister further detailed what he called the “oppression” of his party when Imran’s government was in power.
He also said that the president gave dates for elections in the provincial assemblies of Punjab and Khyber Pakhtunkhwa “at the behest of the PTI” but did not raise any concerns about the “malafide” dissolution of the provincial assemblies.
The letter emphasised that the president also did not take note of the effect of conducting elections in Punjab and KP before the National Assembly elections.
“This constitutional distortion has completely escaped your attention, which is quite saddening, given the role of the head of the state that the Constitution assigns to the President,” it added.
“The ECP has announced October 8, 2023, to be the new date for the polls in Punjab after taking into account the ground realities. All federal and provincial governmental authorities furnished the relevant information to the ECP. Being the constitutional body charged with the duty to organize and conduct elections, it is ultimately the ECP’s decision to assess whether the circumstances are conducive for organising and conducting free and fair elections, as required under clause (3) of Article 218.
“I do, however, wish to point out that you did not object to the use of language and a rather aggressive attitude of the federal ministers of the previous government, who actively attempted to undermine the authority and credibility of the ECP,” the prime minister noted.
He further stated that Alvi’s reference regarding meaningful consultation between the president and prime minister was “out of place”.
“Mr President, in the exercise of your functions, you must act on and in accordance with the advice of the Cabinet or the Prime Minister under clause (1) of Article 48.”
Concluding the letter, PM Shehbaz stated that he was “fully aware” of his duties, asserting that his government was fully committed to preserving, protecting, and defending the Constitution.
“However, our government is also determined to ensure that no one is allowed to violate the law, create unrest and attempt to cause irreparable harm to the state of Pakistan.
“I want to further assure you that our government will thwart any effort to undermine the constitutionally elected government,” the letter added.
PRESIDENT'S LETTER TO PM
President Dr Arif Alvi on Friday asked Prime Minister Shehbaz Sharif to direct federal and provincial authorities to assist the Election Commission of Pakistan (ECP) in holding the Punjab and Khyber Pakhtunkhwa elections in accordance with the orders of the Supreme Court to “avoid further complications”.
The president made the request in a letter, which comes two days after the electoral watchdog, in a surprise move, put off the Punjab Assembly elections by more than five months to October 8, citing the “deteriorating security situation” in the country. The move was widely condemned by the PTI, legal experts and members of civil society.
In the letter, a copy of which is available with Dawn.com, the president mentioned the provincial polls as well as the “use of disproportionate force” by authorities against politicians, political workers and journalists.
He said that the prime minister, as the head of the government, was responsible for safeguarding human rights as well as the fundamental rights of every citizen.
“It is further emphasised that all concerned executive authorities of federal and provincial governments should be directed to refrain from abuse of human rights and also to assist the ECP to hold general elections in provinces of Punjab and KP, within the timeframe in compliance of Supreme Court’s order dated March 1 to avoid further complications, including contempt of court.”
On March 1, the apex court had ruled that elections for the Punjab and KP assemblies should be held within the stipulated period of 90 days. It had, however, allowed the ECP to propose a poll date that deviates from the 90-day deadline by the “barest minimum”, in case of any practical difficulty.
Alvi’s letter said the ECP had approached the relevant Punjab and KP departments regarding holding elections but “it appears federal and caretaker governments in Punjab and KP advised the heads of concerned departments to indicate their inability to provide necessary support for holding general elections.”
Citing Article 220 of the Constitution which states that executive authorities are dutybound to assist the ECP in discharging its functions, Alvi said that a “flagrant violation of the Constitution” had been committed by executive authorities and government departments.
He said the ECP had not implemented his earlier announcement fixing April 30 as the date for polls in Punjab, and had “blatantly violated” the apex court’s March 1 order.
Citing Article 46 of the Constitution, which states the prime minister will keep the president informed on all policy matters and legislative proposals by the federal government, Alvi said: “It is a matter of concern that no meaningful consultation with the president on policy issues has been undertaken by the prime minister in line with the above article.”
‘Glaring violations of fundamental and human rights’
Separately, Alvi also brought PM Shehbaz’s attention to recent events where “glaring violations of fundamental and human rights” were committed so that the latter could ensure remedial measures and preventive actions.
“Your attention is drawn towards the seriousness of these incidents of human rights violations, atrocities of police/law enforcement agencies and grossly disproportionate use of force against the citizens of Pakistan. Multiple fake and frivolous cases have been registered against politicians, workers, journalists and media persons. Houses of political workers have been raided and citizens abducted without warrants and lawful justification.
“The incidents of human rights violations and oppression by state machinery against innocent citizens are in clear breach and violations of fundamental rights guaranteed by Article 4 of the Constitution, that provides for, and guarantees citizens to enjoy the protection of law and to be treated in accordance with the law,” the letter said.
It added that numerous constitutional provisions on fundamental rights were being “clearly transgressed”.
“This has tarnished the image of Pakistan in the international community and is casting negative repercussions on the future of democracy and state of human rights in Pakistan,” Alvi said.
Furthermore, the president said Pakistan had dropped 12 points down in the World Press Freedom Index 2022 to 157 out of 180 countries, saying that it reflected the country’s “sorry state of affairs”. He said that “this year’s actions and images thereof will further exacerbate our already dismal ranking.”
“In recent months, media has been further suppressed and journalists have also been subjected to charges of sedition and terrorism to stifle dissent and criticism against the government. It appears that a reign of terror has been unleashed against the media persons who have independent opinions,” the president said.
Meanwhile, Interior Minister Rana Sanaullah issued a strongly worded response to the president’s letter, telling him to “stay within his limits and constitutional bounds” instead of becoming a “puppet”.
He said that a “legal and constitutional violator” had been imposed on a constitutional office. Sanaullah called on the president to hold Imran accountable for the PTI government’s track record regarding human rights violations and suppression of the media.
Separately, KP Governor Haji Ghulam Ali wrote a letter to Chief Election Commissioner (CEC) Sikander Sultan Raja suggesting that polls be fixed for October 8, citing the uptick in terrorist activity in the province.
The governor had earlier fixed May 28 as the date for polls in the province but later backtracked on his decision while calling for “key challenges” to be addressed before a new date is announced.
In today’s letter, a copy of which is available with Dawn.com, the governor noted that the Punjab polls had been postponed and a fresh election schedule was to be issued.
“Your good office must note that subsequent to my last letter, [a] fresh wave of terrorist activities had taken place in Khyber Pakhtunkhwa on [a] daily basis,” Ali said.
He highlighted several terrorist incidents in his letter, including one from earlier this week in which a brigadier from the Inter-Services Intelligence (ISI) was martyred during an encounter with “hardcore terrorists” in South Waziristan’s Angoor Adda.
“Since ECP has postponed the election date for the general elections of Punjab province to October 8, 2023, therefore, it is also suggested that same October 8, 2023 be proposed/appointed as election date for general elections of Khyber Pakhtunkhwa in the best public interest as well as in the interest of the state,” the governor wrote.
In the order issued on Wednesday night, the ECP said that it convened a meeting with intelligence and security officials from Punjab and KP on March 10 and was apprised about their inability to help the commission in conducting the elections, the possibility of election officials being kidnapped during polls and recommended that elections not be held at the present time.
The order said that on March 14, the ECP was informed that the Pakistan Army would not be available for poll-related duties due to the prevalent security situation.
Referring to these briefings on the overall security situation in the country, the ECP order said that currently, only one security man on average was available per polling station due to a “massive shortfall in police personnel” and the non-provision of army personnel as a static force.
“The commission after considering the reports, briefing and material brought before it, has arrived at the just conclusion that it is not possible to hold and organise the elections honestly, justly, fairly in a peaceful manner and in accordance with the Constitution and the law,” the order read.
