NA-122 probe: All powers to be exercised to uncover facts: tribunal

Judge Kazim Ali Malik disposes of PTI application against local commission.

LAHORE: Election tribunal judge Kazim Ali Malik on Saturday disposed of Pakistan Tehreek-i-Insaf’s (PTI) application filed against the local commission that examined NA-122 and PP-147 electoral record.

“The tribunal will closely examine the report submitted by the local commission as well as other evidence. It will exercise all powers to dig out the truth if the report is found incomplete, vague or deficient in material,” Malik said.

PTI had sought action against the commission, headed by Ghulam Hussain Awan, for alleged breach of trust, re-verification of the report submitted by the commission, and re-inspection of election record pertaining to certain polling stations.

Agreeing with the petitioner, the tribunal remarked that the commission had no legal or moral ground to give an opinion on a matter that was to be decided by the court.

“The commission prejudged the dispute and made a statement before the media that he had not found fake ballot papers or noticed rigging. The comments by the commission before the media persons are a nullity in the eyes of law,” the judge said.

He said the petitioner’s request regarding re-inspection of record of 72 polling stations and re-verification of report submitted by the commission was premature.

“The tribunal will make a minute examination of the inspection report and other pieces of evidence in order to arrive at the truth. Needless to add that after the examination of the report prepared by the commission, if it is found to be vague or incomplete or deficient in material points, the election tribunal will exercise all powers vested in it to dig out the truth,” he said.

PTI’s counsel Anees Ali Hashmi submitted another application for comparison of handwriting of the presiding officers (POs) on the packing invoice, form 14/15 and other forms.

He stated that the signatures of POs on the forms did not match with their signatures on other material.

“The election tribunal is competent to make the proposed comparison under Article 84 of the Qanoon-i-Shahadat Order, 1984. As election tribunal has ample powers to resolve the controversy through comparison of the documents itself, there is no need to refer the matter to a handwriting expert. The request for comparison of handwriting and signatures stands disposed of accordingly,” the tribunal ruled.

In his order, the judge said that each copy of the documents provided by the returning officer (RO) had been examined minutely. “The entries of the report have been compared with the documents furnished by the RO. According to the reader’s (court staff) report, the RO has not provided fully particularised ballot paper account of 19 polling stations in the statement. A copy of this statement be sent to the returning officer of NA-122, asking him to provide attested copies of the ballot papers account of 19 polling stations, failing which it will be presumed that either the POs of 19 polling stations did not submit ballot paper accounts with the RO or someone responsible for safe custody of the documents misplaced or misappropriated the same,” the judge stated.

On Saturday, Sardar Ayaz Sadiq was to produce evidence in his favor.

However, his counsel submitted that he did not want to examine any witness. He said the returned candidate would take the stand at the next hearing. He said Sadiq was in China on an official tour.

The judge fixed February 7 for recording the statement of the returned candidate and for receiving documentary evidence.

Published in The Express Tribune, February 1^st, 2015.