ISLAMABAD: Senators on Tuesday debated the legitimacy of the federal government`s decision to impose emergency rule in Khyber Pakhtunkhwa, with the opposition questioning its constitutionality and the government defending the extraordinary measure as a last resort.

The National Assembly, however, was adjourned after a brief sitting due to the death of a lawmaker earlier this month, but the political crisis in KP remained the highlight of the day, even during the short proceedings.

Speaking in the upper house of parliament, PTI Parliamentary Leader Barrister Ali Zafar said what was happening in KP was not merely an administrative decision but a test of Pakistan`s Constitution. `The Constitution must be our shield in a crisis, not a casualty of the crisis. The question is: are we using the Constitution to protect Pakistan, or are we using an emergency to change the political order of Pakistan?` he said.

In response to the allegations against the PTI, Mr Zafar said no political partyor Pakistani wanted terrorism to flourish and that terrorism must be defeated with full strength. `But we must defeat terrorism without allowing the fight against terrorism to become a fight against constitutional democracy,` he said.

He said Article 232 was an emergency power, not a political weapon, and Article 234 provided for extraordinary arrangements intended for extraordinary circum-stances. Their existence did not mean they could be exercised without limits, he said.

`The government must demonstrate that constitutional conditions have genuinely been met, that the action is necessary and proportionate, and that every applicable procedure has been followed.

The existence of an emergency power does not place its exercise above the Constitution, he said.`This is a political crisis disguised as a security solution,` Mr Zafar said, pointing to the timing amid intense political con-frontation and a breakdown in dialogue between the federal government and the PTI. `You cannot restore public confidence by making people believe that their elected mandate can be taken away in the name of security.

He warned that the issue concerned provincial autonomy, federalism, elected representation, fundamental rights and the balance between the federation and its units.

Calling on the Senate not to become a rubber stamp, he said parliament, which represents the federation and gives every province an equal voice, must examine legal grounds, demand evidence and scrutinise necessity and proportionality.

`Right decision` Meanwhile, Deputy Prime Minister Ishaq Dar said the federal cabinet `rightly decided` last week that the process of political reconciliation with the opposition PTI was over. He stressed that the PPP and PML-N had both made efforts to reach a point of understanding with the PTI, but failed.

`They said they would talk about it, then consulted with their chief minister,and after that, virtually, they refused,` he said.

He added, `Political reconciliation can be secured when other things are ... equal. Other things have gone in a very bad, very wrong direction in this country and particularly in the province.

Regarding arguments that terrorism was also prevalent in Balochistan, he highlighted that the Balochistan government was `fully on board` with fighting terrorism. The deputy premier added that when Maulana Fazlur Rahman of the JUI-F came to play his part in breaking the deadlock in negotiations, `things had gone far beyond`.

Speaking in the house, Interior Minister Mohsin Naqvi claimed the Constitution was not violated in the imposition of the emergency and the government acted strictly as per the procedures.

`The PML-N and PPP sat together and examined every clause to ensure that no provision was violated, he said, adding that the decision was not easy.

Mr Naqvi said the option of emergency or governor`s rule was available even on Nov 26 and earlier, but the government exercised restraint and contacted the PTI leadership, including Barrister Gohar, on Oct 10, asking him to suggest amendments to para 4 of the draft. `Had that agreement been reached, this step would not have been taken,` he said.

He said the government made six amendments in the draft, which was sent to the chief minister, who forwarded it to Murad Saeed, after which the matter was sabotaged. `If they did not have authority, they should have said so earlier.

Another opposition leader and PTI ally, Allama Raja Nasir Abbas, termed Oct 11, when emergency and governor`s rule were imposed, `a black day`.

The senator questioned why emergency was imposed only in KP if the system had collapsed, when the situation in Balochistan was equally dangerous.

He said an agreement had been reached on political issues and differences arose over attempts to link security with political issues. He warned that unnecessary violence created hatred against the state and urged immediate withdrawal of the decision.

NA session The National Assembly, however, did not debate the emergency decision and its session was adjourned in accordance with parliamentary norms, which mandate that proceedings on the first day beconfined to prayers if a lawmaker has passed away.

PTI leader Barrister Gohar Ali Khan insisted on a speech to share his views on the KP rule, but was not allowed by the National Assembly speaker.PPPMNANaveed Qamar asked Barrister Gohartospeakonthenoor of the house on Wednesday, while Speaker Ayaz Sadiq quipped that the PTI had already been offered a chance during the talks.

`We tried to give you a lot in dialogue, but you(PTI) were not ready to take what we had offered, the speaker quipped before turning off the mic.

`Political discussion will be allowed tomorrow,` he added. Later, opposition MNAs staged a protest outside the Parliament House.

At the outset, Speaker Ayaz Sadiq administered the oath of membership to PML-N`s Malik Munir Iqbal Channar, who won the Bahawalpur polls last month held to fill the seat of his late father Malik Muhammad Iqbal Channar.