ISLAMABAD - The government had to face an embarrassing situation in the Senate yesterday when Chairman Senate questioned the legality of the office of Special Assistant to the Prime Minister for Law and Justice Barrister Zafarullah Khan with the status of Minister of State.

The awkward situation emerged when Chairman Senate Mian Raza Rabbani did not allow the presentation of a report of Senate Standing Committee on Law and Justice in the house on the grounds that a stranger (Barrister Zafarullah Khan) had been sitting in the committee meetings.

The chair remarked that Barrister Zafarullah could not sit in the standing committees, as he did not take oath of the minister of state.

Senator Javed Abbasi, Chairman Law Committee and who had to move the report, told the house the Law Ministry had informed the committee that Barrister Zafarullah Khan was Special Assistant to the Prime Minister for Law and Justice with the status of state minister. "But he did not took oath of state minister and thus could not enjoy this status," Rabbani said adding that this was not only the violation of Article 57 of the Constitution but also of the Senate Rules.

"I will hear this case," the chairman said and asked the lawmakers having legal backgrounds including Leader of the Opposition Aitzaz Ahsan, Dr Babar Awan, Javed Abbasi, Barrister Saif, and Syed Muzaffar Hussain Shah to assist him in this regard. He also directed the secretariat to send this question to the law ministry for reply.

The official website of Ministry of Law and Justice also describes Barrister Zafarullah Khan as the Special Assistant to the Prime Minister/Minister of State for Law and Justice and he had been attending many meetings of parliament's standing committees in the past.

Separately, Senate raised questions over the delay in tabling of the National Command Authority (Amendment) Ordinance, 2016 in the house. The authority is the apex body to oversee the employment, policy formulation, exercises, deployment, research and development and operational command and control of Pakistan's nuclear arsenals.

Chairman Senate termed 'government's inordinate delay' as the breach of privilege of the parliament when the same was laid before the house on Wednesday by the government. "The ordinance has been laid before the Senate after 92 days and before National Assembly after 91 days of its promulgation and that is violation of Senate rules," the chair remarked.

Rabbani quoting the rules said that the government was bound to lay any ordinance, after its enforcement, within 10 days of the next Senate session and after this time period, any member could bring disapproval resolution against the ordinance. Three Senate sessions were held after the promulgation of ordinance but the government did not bother to lay it before the house. The chair questioned what are the reasons of inordinate delay and added that it was not only the breach of privilege of Senate but also the parliament. "I am framing this question that what is the affect on rights, privileges and functions of the parliament after the 92 delay," he said adding that he would fix the date of the hearing and notices should be issued to law and defence ministers while senators having legal background including Leader of the Opposition Aitzaz Ahsan would assist him.

PPP Senator Farhatullah Babar objected that the National Command Authority (NCA) Amendment Ordinance sought to nullify court judgments and all existing laws applicable to the employees of organizations under the authority besides seeking unlimited funds for its functions beyond the purview of audit and without any oversight.

He said that as a result of the amendment all court orders and existing laws were rendered ineffective and non applicable "unless approved by the federal government and published in the official gazette".

The court judgments and laws had their own force and do not depend upon "approval of the government and publication in the gazette" for implementation, he said and asked as to why this basic principle was bypassed.

By the simple device of withholding publication in the official gazette the employees of organizations under the Authority will be denied their rights accrued under court orders and applicable laws, he said.

Babar said that under another amendment the federal government shall have to provide unlimited funds both in foreign and local currencies "as may be necessary" without making provisions for justification, oversight and accountability.

He said that questions arose because the ordinance promulgated on March 13 was not placed before the Parliament for over 92 days and it was laid just when the Senate was about to be prorogued.

He proposed that the ordinance be referred to the committee for a review. The chair however said that under the law, it could be referred to the committee only after it came up before the Parliament as a bill.

On the other hand, the lawmakers from both sides of isle taking part in the debate on the second interim report of the Special Senate Committee on China Pakistan Economic Corridor (CPEC) said that the government was not living up to its earlier commitment made in an all parties conference (APC) that western route of the project would be completed on priority basis. PPP Senator Farhatullah Babar quoting a part of the interim report said that 'the promise of the government to build western route was an eyewash'. Usman Kakar called the CPEC as China Punjab Project and said that the government had earmarked only one billion rupees for the western route while a large sum had been earmarked for eastern route. "We will not withdraw from western route," he said adding that the discrimination of the government would divide the federation.

Minister for Planning and Development Ahsan Iqbal gave a different version and rejected all points raised in the report and by the lawmakers as well what he said that this had no relevance with the facts.

He said that all federating units, including Balochistan and Khyber Pakhtunkhwa had fully supported CPEC. While challenging the claim of Senator Kakar, he said that Rs22 billion had been earmarked in this budget for one part of the western route and called for a resignation of the senator for distorting the facts. "The government is committed to live up to all its expectations made in APC," he said. Out of the allocated 35 billion dollars for investment in power sector as part of CPEC, 11 billion dollars and 9 billion dollars had been earmarked for Sindh and Balochistan respectively. He asked senators not to do politics on the issue.

MQM Senator Tahir Hussain Mashhadi staged a walkout from the house over the delay in election of mayor and deputy mayor of Karachi Metropolitan Corporation what he said victimisation of MQM. Senator Chaudhry Tanvir pointed out the deteriorating cleanliness conditions at Pakistan Institute of Medical Sciences (PIMS).

Defence Minister Khawaja Muhammad Asif would brief the house today on the border situation after unprovoked firing by Afghan forces at Torkham border on the call of chairman Senate.