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Taking a totally opposite stand on what defence minister and interior minister stated, Minister of State for Law and Justice Raza Hayat Harraj said on Saturday it would be a constitutional violation if President Musharraf did not doff his uniform by December 31.
"What the defence minister and the interior minister said about President Musharraf's uniform could be their personal opinion, but constitutionally speaking, he will have to comply with the date in line with the 17th Amendment," Harraj told a news conference at the Ministry of Law and Justice.
Rao Sikandar Iqbal and Faisal Saleh Hayat have demanded of President Musharraf not to set aside his military outfit, fearing this could lead to a crisis-like situation in the country.
In an agreement with the MMA on the amendment (Legal Framework Order) in December last year, President Musharraf had promised to leave the office of the chief of army staff before or on December 31.
The amendment became part of the Constitution in January, as two-thirds majority passed the bill.
SECURITY COUNCIL: Replying to questions about the proposed National Security Council, he said that the establishment of the council wouldn't impede the Parliament or parliamentary form of rule.
The matter pertaining to assemblies' dissolution would not be taken up in the council and there was no mention of this very fact in the crisis management clause of the bill, he clarified.
"The council will not be used to jeopardise functioning of the democratic institutions, as it will work as a mere consultative forum," the minister clarified.
In response to a question, Harraj maintained that the 13-member council meeting would not be convened in case of non-availability of the chairman, as there is no room for any member to take his place in his absence.
He said the rules and regulations regarding the council will be ready within two to three weeks and presented to the cabinet for approval.
"Defence minister, interior minister, finance minister and foreign minister will take part in the council meetings with the status of its members," the minister replied to another query. In this connection, amendments will be introduced in the bill.
Responding to a question, he said that the idea of establishment of the council was being debated for the last 10 years in order to strengthen democracy and stem chances of military interventions.
Harraj made it clear that a council-mechanism was in vogue in almost all the countries, including the United States, Britain, Turkey and India. "Yes, the military has no representation in the US Security Council, but military representatives are invited on special invitation," the minister contended.
He asserted that there was no apprehension whatsoever that the Parliament was the independent and supreme institution, with no clash with the council.
"All the council recommendations will be referred to the Parliament for appropriate action, which bore testimony to the fact that the Parliament will have the final say, he added.

Copyright Business Recorder, 2004

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