PML-N proposes formation of judicial commission through Parliament
The proposed Judicial Commission will comprise three judges of Supreme Court to be nominated by Chief Justice of Pakistan.
PML (N) has proposed that Judicial Commission to investigate allegations of massive riggings in the general elections should be constituted through an act of Parliament after consensus with other political parties in both Houses, and not by Ordinance.
This has been stated in PML (N)'s written response to PTI's proposals to resolve the current political impasse.
It says as already proposed the Judicial Commission should comprise three judges of the Supreme Court to be nominated by the Chief Justice of Pakistan.
The Judicial Commission will have all powers of a Civil and Criminal Court. The response says PML (N) cannot agree that the proceedings of the Commission should be summary in nature. The issues before the Commission are very serious, important and complicated and evidence of witnesses in respect of such issues requires to be properly recorded and examined.
PML (N) has agreed in principle to constitution of Joint Investigation Team (JIT) as proposed by PTI. It has also agreed in principle to the proposals regarding the balanced composition of the JIT and that the head of the JIT may be appointed after consultation with all concerned.
PML (N) has also agreed, without casting any aspersions on present incumbents, that non-controversial, non-partisan professionals shall be appointed as heads of NADRA, FIA and Secretary Election Commission of Pakistan after consultation with all concerned.
The Judicial Commission may required to submit its report in thirty days or within such time as it may determine. The report shall be a public document. Its findings shall be binding and enforceable.
Citing several reasons and arguments, the response of PML (N) says the proposed "Test" for determining occurrence of "Rigging" is unacceptable.
The response says if the final report of the Judicial Commission affirms allegations of rigging then the National Assembly would be dissolved and a caretaker cabinet appointed in accordance with the constitution and in consultations with the all concerned including PTI.
Members of the Election Commission can only be removed in the manner prescribed in article 209 of the Constitution.
PML (N) has pointed out that Parliamentary Committee on Electoral Reforms has been given three months to complete its work and the Committee may be asked to expedite its work. The PML (N) is agreeable to the suggestion that an experts sub-committee may be constituted to assist the parliamentary committee in preparation of drafts.
PML (N) has once again has categorically stated that the question of resignation of the Prime Minister simply does not arise. PML (N) rejects outright the arguments of PTI in this regard, being without any constitutional, legal, factual or moral basis. This demand on the part of PTI casts serious doubts on the independence of the Judges of the Supreme Court who will be members of the Judicial Commission, which is unfortunate.
The response says there is no need for establishing a Supreme Monitoring Council as the Judicial Commission would be fully empowered to pass necessary directions regarding all issues relating to determination of its Terms of Reference.
Regarding proposal for Code of Conduct during interim period, PML (N) has opined that the Code may formulated in consultation with all political parties and implemented immediately.
The response says that all agreed terms shall be interpreted in a manner consistent with the constitution and the law.