Terms President Alvi’s letter a press release of PTI
ISLAMABAD
Prime Minister Shehbaz Sharif has given a detailed reply to a letter written by President Dr Arif Alvi in which he asked the premier to direct the concerned authorities to assist the Election Commission of Pakistan to hold general elections in Punjab and Khyber Pakhtunkhwa provinces on time and also highlighted the human rights abuses by authorities.
Prime Minister Shahbaz Sharif on Sunday wrote a letter to give a reply to President Alvi. The letter consists of five pages and seven points. PM Shehbaz Sharif in his five-page letter response to the president stated that he is compelled to say that your [President] letter is more like a press release of Pakistan Tehreek-e-Pakistan.
In his letter which looks like a charge-sheet against president, the prime minister writes: “I’m compelled to say that your letter appears to be a press release of Pakistan Tehreek-e-Insaf. It contains one-sided anti-government views which you express openly. Your letter does not reflect the constitutional position of the President. You have been continuously doing this.
“On April 3, 2022, you followed the unconstitutional instructions of the former prime minister by dissolving the National Assembly. Your order to dissolve the National Assembly was declared unconstitutional by the Supreme Court on April 7. You also failed to fulfill your constitutional duty even in the matter of taking my oath as Prime Minister under Article 91, Clause 5.
“On many occasions, you actively opposed the elected constitutional government. I have tried my best to establish good working relationship with you. But the language you used in your letter has forced me to respond to your reference to human rights violations which are about politicians and workers of only one party.
“Under Articles 10 and 4 of the Constitution, the required protection of the Constitution and the law has been given to all these persons. “The law enforcement institutions acted firmly upon the laws to establish the writ of state for the maintenance of law and public peace. All individuals have resorted to the concerned forums for redressal as per the law.
“You altogether have ignored the attacks on law enforcement institutions due to your affiliation with one political party. You have ignored the attempts to vandalize the private and government properties and create chaos (by PTI workers). You have ignored the PTI’s efforts to bring the country to the brink of economic default.
“Pakistan’s international reputation with regard to the constitution, human rights and the future of democracy has been damaged because of the PTI. “You have not even once condemned the violation of court orders to arrest Imran Khan and attacks on those complying with the legal order.
“Such militancy by any political party against the court order has never been seen before. Our government fully believes in the freedom of expression as has been enshrined in the Article 19 of the Constitution. This freedom can be enjoyed within the parameters of law and constitution.
“When the PTI was in power, you never raised your voice about it. I would like to draw your attention towards the annual World Report of Human Rights Watch, 2022. At that time, the PTI was in power.
“The report states that the Government of Pakistan has stepped up its efforts to control the media.The report further says that the PTI government is suppressing dissent. The report gives a full account of how the (PTI) government was harassing, targeting and putting in jails journalists, members of civil society and its political opponents.
“The National Human Rights Commission remained suspended during the PTI government. The report of the National Human Rights Commission is an indictment against the PTI government.The record of PTI government’s human rights violations is available in several reports of the international institutions of human rights.
“Member of National Assembly Rana Sanaullah was falsely implicated in a case of narcotics, which is punishable by death. The PTI government targeted both male and female parliamentarians, committed human rights violations and put them in jails. Even a female member of the family of a former prime minister was not spared.
“The NAB was used to tame the political opposition and dissent. Unfortunately, you never raised voice. “Mr. President, the Constitution does not vest any powers in or assigns any functions to the president whereby the president can seek explanation from the government or the prime minister.
The only reason I am responding to ypur letter is because I want to bring your partisan attitude and actions on record and to see the record of our government straight.” The prime minister stressed that he was fully aware of his duties and the duties of the federal government under the constitution and the government was fully committed to preserve, protect and defend the constitution and ensure that the fundamental rights guaranteed to the citizens of Pakistan were not violated.
“However, our government is also determined to ensure that no one is allowed to violate the law, create unrest and attempts to cause irreparable harm to the state of Pakistan. I want to further assure you that our government will thwart any efforts to undermine the constitutionally elected government,” he added.
Further responding to reference made in the president’s letter of Article 46 of the Constitution and Rule 15 (5) of the Rules of Business, 1973 regarding holding of meaningful consultations between the president and prime minister, he said, the objection was out of place.
Under clause (1) of the Article 48, the president, in exercise of his functions, must act on and in accordance with the advice of the cabinet or the prime minister, he added. The prime minister noted “In very limited instances, the President acts in his discretion under the Constitution. Article 46 and Rule 15 (5) (b) supra are what they ordain.
That, is keep the President informed. Nothing more and nothing less. These provisions or for that matter nothing else in the Constitution requires the Prime Minister to consult the President on the exercise of executive authority by the Federal Government.”
Regarding the president’s reference to holding of elections, the prime minister maintained that the ECP had announced October 8 as the new date for polls in Punjab after taking into account the ground realities.
All the federal and provincial government authorities furnished the relevant information to the ECP, he said, adding being the constitutional body, charged with the duty to organize and conduct elections, it was ultimately, the ECP’s decision to assess circumstances for organizing and conducting free and fair elections as required under clause (3) of Article 218.
The prime minister pointed out that the president did not object to the use of language and rather aggressive attitude of the former federal ministers who actively attempted to undermine the authority and credibility of ECP.
The prime minister further opined that at the behest of the PTI, the president gave dates for the general elections on the provincial assemblies of Punjab and Khyber Pakhtunkhwa and his decision of election date for KPK assembly was set aside by the Supreme Court.
He said that the president did not raise an concerns on malafide dissolution of the provincial assemblies of the two provinces, that too at the behest of and to satisfy the ego of PTI’s chairman.
“The two provincial assemblies have been dissolved not for any constitutional or legal objective but to blackmail the governments in center and the other two provinces with sole objective of forcing them to dissolve the National and the other two provincial assemblies,” he added.
The prime minister cited that the constitutional distortion also completely escaped the president’s attention regarding effect of conducting elections to two provincial assemblies prior to the general elections to the National Assembly inasmuch, as organizing and conducting free and fair elections under clause (3) of Article 218 might not be possible with the elected provincial government in these provinces.
The prime minister expressed that it was quite saddening given the role of the head of the state that constitution assigned to the president. In the letter shared by PM Office Media Wing in a press release, the prime minister further addressing the president said that it was a matter of record that previously, he (the president) had acted in a similar patrician manner on several occasions in violation of his oath.
