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Download PDF Law Adviser AF Hassan Ariff yesterday said that relaxing of state of emergency is a must before polls as it blocks pre-election activities of the political parties.
He, however, observed that there is no bar to holding polls with the state of emergency in force.
“The elections, as such, are not obstructed due to state of emergency. But it has indirect implications on pre-polling activities like campaigns, meetings and processions. These are now remaining suspended for some emergency power rules,” the law adviser said.
He was talking to the reporters during his weekly briefing at the land ministry.
In cases of local government elections, relaxing of state of emergency may take place area-wise on the basis of electoral schedules, Hassan Ariff said.
Although he had underscored the need for relaxing the state of emergency on different occasions, when asked about completely lifting it, the law adviser said, “It’s quite a different decision which I cannot give alone.”
When state of emergency is in force, some fundamental rights remain suspended temporarily and the caretaker government is considering relaxing it gradually, he said.
“But to hold elections, the rules which block activities relating to elections must be modified.”
Hassan Ariff also would not give any specific timeframe for relaxing or lifting of the state of emergency “as it needs a consensus decision of the government.”
On whether the government is not lifting the state of emergency fearing public wrath, the adviser replied, “I cannot say that.”
On another inquiry, Hassan Ariff said he does not have “any idea or any information” that prices of essentials are increasing as state of emergency has been in effect for a long time.
Responding to a query about holding election on schedule, he said there is no provision in the constitution that says the government is responsible for holding the elections.
“It is the responsibility of the Election Commission (EC) and the government’s duty is to provide the commission with necessary assistance,” the law adviser observed.
Asked what the government would do if the EC cannot finish its job on time for holding the parliamentary elections by 2008, Hassan Ariff said, “I won’t reply to any ‘ifs’.”
Responding to a query on deployment of armed forces following the promulgation of state of emergency, the law adviser said there is no nexus between the two. “The troops were called out in aid to the civil administration.”
Ariff informed the briefing that the formation of independent Election Commission Secretariat is at the final stage.
Asked about setting up of Human Rights Commission as pledged by the government, he said it is also in the concluding stage and would be formed within the tenure of the caretaker government.
A committee is working to finalise the draft of the Right to Information Act, the law adviser added.
February 15th, 2008 at 10:59 am
It is silly to keep the emmergency in force. Look in a trouble torn country like Pakistan the emmergency had to be withdrawn in the shortest possible time. If CTG sincerely wants polititical activities to resume and economic activities to proceed spontaneously the state of emmergency must be withdrawn without further delay. Is the government scared of any backlash from the prevailing market situation? Toady or tomorrow CTG has to go. In the name of confronting crisis in one area they have created crisis in mny different areas. The ongoing crisis in national life may further deepen. CTG should satrt relaxing Emmergency now with a view to lift it by March 26th , our independence day.