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The Daily

Morning News

19 SEPTEMBER 1971

News headlines and details from the Daily Morning News.

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  • APNS team meets Yahya

 

Constitution to be presented to NA president explains amendment procedure

Karachi, Sept. 18(APP): President General Agha Mohammad Yahya Khan said here today that the country's future constitution to be prepared by the committee of officials would be presented to the National Assembly.

In a statement on the procedure of constitution making here this afternoon the president said" Once the Assembly meets in its full strength when bye-elections have been held the Assembly shall discuss the constitution and if any member puts forward any constructive amendment or improvement, he should have an opportunity to do so.

He said that the amendments might be passed by the House by a "simple majority which must include a consensus of all the federating units." A period of 90 days would be allowed for the Assembly to discuss and put forward any amendment it considered necessary, he added.

Explaining the procedure for the amendment, the president said that if any amendment was presented to him after having been passed by the National Assembly in the manner specified earlier and "if I give my assent to the amendment after full consideration in the national interest, it will then be incorporated in the constitution."

If, on the other hand, the president added, it was found that the amendment was not acceptable in the national interest, it would be returned to the Assembly for reconsideration. The Assembly may return to me for reconsideration with modifications or in the original form "I will, at that stage, again reconsider it and if it is still found unacceptable the amendment will then have follow the formal amending procedure provided in the constitution itself."

He said that the whole of this was to afford the representatives of the people an opportunity to make improvements in the constitution which "I had, of necessity, to get prepared by a committee."

The president made it clear that, "I have never had any desire to impose a constitution on the country nor do I have such a desire now." He said the main reason for getting this constitution prepared by a committee was to hasten and facilitate the process of transfer of power.

The president said that his aim had always been to have a constitution framed by the elected representatives of the people. He said when on November 28, 1969, he announced his plan for the transfer of power, he, after discussing various alternatives adopted the democratic procedure of having a constitution framed by the elected representatives.

"Unfortunately, my original plan received a very serious set back by the developments in East Pakistan," he said, adding "I have always maintained that the shock the country received due to the crisis in East Pakistan would not be allowed to jeopardise my aim for the transfer of power to the elected representatives of the people.

Deadlock

The President also recalled his statement of June 28 this year in which he had declared that because of the dead lock created by the crisis in East Pakistan, "I had no alternative but to get a constitution prepared by a committee in consultation with political leaders and constitutional experts which will contain a normal amending procedure in the constitution itself."

He said, however, after "careful thought and detailed consultations with political leaders I have come to the conclusion that the constitution, which will be prepared by a committee of officials, should  be presented to the National Assembly and once the Assembly meets in full strengths, i.e. when by-elections have been held, the Assembly shall discuss the constitution and if any member puts forwards any constructive amendment or improvement he should have an opportunity to do so."

The president said after the Assembly has had an opportunity and debate fully and thoroughly the constitution within a period of 90 days, "the constitution will then cease to be provisional and will be given its final shape."

He said that the elected representatives would the "full opportunity to discuss, debate and make improvement in the constitution."

"I sincerely believe that this is how the exigencies and urgencies of the crisis can be reconciled with the expression of the people's will," he added.

In concluding his statement the president said: "I should like to reiterate that I would be only too glad to accept amendments as long as these changes do not adversely affect the territorial integrity and solidarity of our nation or the ideology on which Pakistan is based.

Text

The following is the text of president Yahya's statement:

As you are aware my aim has always been to have a constitution framed by the elected representatives of the people when, on the 28th of November 1969, I announced my plan for the transfer of power, I discussed the various alternatives for framing a constitution for our country I adopted the democratic procedure of having a constitution framed by the elected representatives of the people. Unfortunately, my original plan received a very serious set back by the developments in East Pakistan. I have always maintained that the shock the country received due to the crisis in East Pakistan would not be allowed to jeopardize my aim for the transfer of power to the elected representatives of the people.

In my statement of June 28 the this year, I declared that because of the deadlock created by the crisis in the Eastern wing I had no alternative but to get a constitution prepared by a committee in consultation with political leaders and constitution experts which will contain a normal amending procedure in the constitutional itself. However, after careful thought and detailed consultations with political leaders I have come to the conclusion that the constitution, which will be prepared be presented to the National Assembly and once the Assembly meets in its full strength i.e. when bye- elections have been helds, the Assembly shall discuss the constitution and if any member puts forward any constructive amendment or in improvement he should have an opportunity to do so. In order to enable the members to bring forward such amendments I have evolved a simpler method for the initial period of three months.

Amendments

An amendment may be passed by the house by a simple majority which must include a consensus of all the federating units. If any amendment is presented to me after having been passed by the National Assembly in the manner specified earlier and if I give my assent to the amendment after full consideration in the nation, al interest, it will then be incorporated in the constitution.

If, on the other hand, it is found that the amendment is not acceptable in the national interest, it will be returned to the Assembly for reconsideration. The Assembly may return it to me for re-consideration with modifications or in the original form I will, at that stage, again reconsider it and if it is still found unacceptable the amendment will then have to follow the formal amending procedure provided in the constitution it self.

Thus a period of 90 days will be allowed for the Assembly to discuss and put forward any amendment it considers necessary.

After the Assembly has had an opportunity to discuss and debate fully and thoroughly the constitution within a period of 90 days the constitution will then cease to be provisional and will be given its final shape. The whole object of this procedure is to afford the representatives of the people an opportunity to make improvements in the constitution which I had of necessity, to get prepared by a committee. As it must be evident to you by now, I have never had desire to impose a constitution on the country nor do I have such a desire now. The main reason for getting this constitution prepared by a committee was to hasten and facilitate the process of transfer of power at the same time the elected representatives of the people will have full opportunity to discuss, debate and to make improvement in the constitution. I sincerely believe that this is how the exigencies and urgencies of the crisis can be reconciled with the expression of the people's will. At the end I should like to reiterate that I would be only too glad to accept amendments as long as these changes do not adversely affect the territorial integrity and solidarity of our nation or the ideology on which Pakistan is based.

Bhutto meets president

Karachi, Sept. 18 (APP): Mr. Z.A. Bhutto, Chairman, Pakistan People's Party had a meeting with president, General A.M. Yahya Khan at the president House here today.

Mr. Z.A.Bhutto, later said, he would apprise the PPP central committee meeting on September 23, at Quetta, of the out come of his talks with the president.

Talking to newrmen at his clifton residence, he declined to comment the subjects were convered during the two hour talks with the president.

He said he remained with the president from 12 noon up to 2 p.m.

Mr. Bhutto, who returned to his residence at 4 p.m. said after the talks he had gone to the Boat Club for lunch.

He said, he had deferred his scheduled tour of Jhelum and other areas to a future date.

Mr. Bhutto said, he might go to Larkana before the PPP central committee meeting. In case he did not go to Larkana, he would leave here for Quetta either on September 22 or in the morning of September 23.

President assures maximum autonomy for East Wing: Amin

Karachi, Sept. 18 (APP): President A.M.Yahya Khan has assured that provision will be made in the future constitution for maximum autonomy for East Pakistan and removal of economic disparity within a specified period.

This was disclosed by Mr. Nurul Amin, president, PDP, after a one and three quarter hour meeting with president Yahya at the president's House this morning.

"We also discussed constitutional provisions and the president assured me that maximum autonomy will be provided for in the future constitution. Provision will also be made for removal of economic disparity within a prescribed period," the PDP chief added.

Replying to a question, he said while president Yahyas had not told him any definite date regarding promulgation of the future constitution, he hoped that it would be promulgated in the course of two to three months.

Mr. Amin said he had handed over the president Yahya a copy of the P.D.P election manifesto, which incorporates the eight-point programme of the erstwhile Pakistan Democratic Movement (P.D.M.).

Centre's Power

He noted that this programme defined the powers to be wielded by the central Government, which would deal with defence, currency, foreign affairs and trade, interwing trade, and communications and federal finance.

The remaining subjects could be dealt with by the province, he added.

Continuing, he said "I also made it clear that any constitution promulgated by the president will have to be placed before the National Assembly and approved by it. It (the National Assembly) will also have the power of amendment.

He said he had suggested that the amending clause should not be too stiff, but provide for the consensus of all units.

Elucidating this point, he said it was not necessary for all the members of the National Assembly to agree to any amendment, but some sort of approval should be provided for.

Asked as to what president Yahya's reaction was to this suggestion, he said he (president Yahya) did not say no.

He said president Yahya did not show any signs of unwillingness towards this suggestion and did not react against the idea of the National Assembly approving the future constitution.

He said president Yahya's reaction to the demand for maximum autonomy was quite favourable.

He emphasised that the future constitution should clearly define the powers of the central and provincial Governments. Since this was a bone of contention.

Bye-elections

Mr. Amin said the programme for bye-elections in East Pakistan would be announced later. He had not asked president Yahya for any specific date.

Replying to a query, he said the question of civilian Governors in the Western wing came up for discussion, but it was president's version that conditions here are different.

He said the question of any interim arrangement at the centre did not figure at the talks with president Yahya.

Replying to another question, he said some machinery had to be created for the transfer of power but there could not be any immediate transfer of power.

He said there would be no death of candidates to contest bye-elections in East Pakistan for the vacant seats.

Answering, a query, he said there was no bar to the convening of the National Assembly even if all the vacant seats in East Pakistan were not filled by then through by-elections.

The bye-elections could go on the year round, he added.

He however, said by transfer of power I mean there must be elected representatives to receive power.

In this connection, he noted that after bye-elections (in East Pakistan) there may be people to receive power.

He said president Yahya told him that he (President) planned to visit East Pakistan after his return from Iran next month, where he will take part in the 25th anniversary celebration of the Iranian monarchy.

He said the question of the trial of Sheikh Mujib did no figure at the talks.

He also said he had no plans of meeting Mr. Z.A. Bhutto, chairman of the Pakistan People's Party.

He said he had discussed with the president various issues confronting the country and had acquainted him with the present situation in East Pakistan and the changes since his last meeting with the president in May.

The PDP chief said there "has been appreciable improvement in bringing back normalcy and creating confidence among the people "in East Pakistan during the recent months.

Flood Damage

He said he had also appraised the president of the "colosal damage". by floods in the greater part of East Pakistan.

He said Nawabzada Nasrullah Khan, chief of the West Pakistan PDP (who along with Mr. Mahmud Ali, his East Pakistan counterpart, accompanied Mr. Amin to the talks), had also raised the question of the floods in parts of West Pakistan.

Mr. Amin said he had emphasized upon president Yahya the need for expediting permanent flood control schemes in East Pakistan, since the flood there created havoc each year.

He said the president had assured him that the Government was taking necessary steps in this connection.

He said he had also requested president Yahya to provide adequate relief to the farmers in East Pakistan until the next crop was harvested. He said grants were needed not only for food but also for rehabilitation and reconstruction of houses, pruchase of cattle, seeds and other agricultural implements.

Besides he had also told the president of the need for remission or deferment of rent collection from the farmers "who have lost everything and were not in a position to pay the rent, he adde.

Mr. Amin accompanied by Nawabzada Nasrullah and Mr. Mahmud Ali, left the president for the meeting at 10 a.m.

Armed guards open fire on E. Pak refugees

New Delhi, Sept. 18 (Reuter): Armed guards today opened fire on a mob of angry East Pakistani displaced persons who attacked officials at a refugee camp in central India, the Press Trust of India reported.

It said the mob at one of the camps at Mana attacked the camp commander and other relief officials in protest against the supply of inferior quality wheat.

The agency, in its report from Raipur near Mana, quoted the refugees as telling the district Magistrate that two refugees were killed in the firing by the special Armed Force of the camp.

The Magistrate announced later that he had ordered an enquiry into the incident.

Nurul Amin meets Yahya

Karachi, Sept. (PPI): Mr. Nurul Amin, president Pakistan Democratic Party, met the president Gen. Yahya Khan at the president's House here this morning.

Mr. Mahmud Ali, president, East Pakistan PDP and Nawabzada Nasrullah Khan, President, West Pakistan PDP also accompanied Mr. Nurul Amin.