Rigging allegations: Assemblies will be dissolved if vote fraud established

Judicial commission empowered to form inquiry teams comprising officials from ISI, MI, other agencies

ISLAMABAD:

The ruling Pakistan Muslim League-Nawaz and the Pakistan Tehreek-e-Insaf have agreed to empower the proposed judicial commission to form ‘special investigation teams’ comprising Inter-Services Intelligence (ISI) and the Military Intelligence (MI) officials to help investigate rigging claims in the 2013 general elections.

They have also agreed that if the proposed commission established systematic and organised rigging, the National Assembly and all provincial legislatures would be dissolved and a fresh election would be called.

“…the [judicial] commission shall have the power to form one or more special investigation teams consisting of officers from the relevant executive authorities, including but not limited to, the FIA, NADRA, the Directorate for ISI, the Directorate for MI and the IB for the purpose of assisting it with its inquiry,” reads the proposed ordinance to be promulgated for setting up the judicial commission.

The inclusion of intelligence officials in investigations had been one of the sticking points as the government was reluctant to accept PTI’s proposal.

Powers of the commission

The judicial commission will have the powers of a “criminal court under the Code of Criminal Procedure, 1898 and of a civil court under the Code of Civil Procedure, 1908 … to require any person or authority to furnish information or documents on such points or matters as, in the opinion of the commission, may be useful for, or relevant to, the subject matter of the inquiry,” states the proposed ordinance.

Additionally, the commission shall have the same powers as the Supreme Court to punish any person who abuses, interferes with or obstructs the process of the commission in any way or disobeys any order or direction, scandalises the commission or any member, does anything which tends to prejudice the inquiry, it adds.

Procedure of commission

About the procedure of the commission, the proposed ordinance states the commission shall have the powers to regulate its own procedure, including the fixing of place and time of its sitting.

It further says that in the exercise of its functions under this ordinance, the commission shall follow such procedure, including summary procedure, where necessary, as it deems fit and proper in the interest of justice so as to enable the commission to complete its inquiry and give its determination.

“… Any political party which participated in the 2013 general elections shall, and such other persons as the commission may permit in the interest of justice may, have the right and opportunity to submit evidence or material and make submissions thereon for consideration by the commission,” it says.

On March 20, the PML-N and PTI had agreed a ‘memorandum of understanding and accord’ which said “whereas the PML-N does not accept this allegation and is satisfied that the results of the 2013 elections reflect the mandate granted by the electorate; and whereas both parties have agreed in the national interest to resolve this issue through formation of an impartial judicial commission.”

The nine-point accord made it mandatory for the PML-N to ensure that an ordinance under Article 89 of the Constitution is promulgated which provides for the formation of the commission. The two sides agreed that the commission shall comprise “three judges of the Supreme Court. The parties shall request that the commission includes the chief justice of Pakistan as its chairman.”

The commission shall be asked to determine whether or not “(a) the 2013 elections were organised and conducted impartially, honestly, fairly, justly and in accordance with law; and (b) the elections were manipulated or influenced pursuant to a systematic effort or by design by anyone; and (c) the results of the elections, on an overall basis, are a true and fair reflection of the mandate given by the electorate.”

The parties have agreed to accept the final report of the commission as Clause 4.1 reads: “The consequences of a final report from the commission containing an affirmative finding of illegalities in the 2013 elections in accordance with the terms of reference (ToRs) set out in Clause 3 hereof and in Section 3 of the ordinance shall be: (a) dissolution of the National Assembly by the prime minister in terms of Article 58(1) of the Constitution; and (b) appointment of a caretaker cabinet in accordance with the Constitution in consultation with all concerned, including the PTI after which fresh elections shall be held to the National Assembly. Simultaneously, each of the provincial assemblies shall also be dissolved in terms of Article 112(1) of the Constitution and, after appointment of a caretaker cabinet in consultation with all concerned, fresh elections shall also be held to each of the provincial assemblies.”

However, “If the commission gives a determination in the negative, then the National Assembly and each of the provincial assemblies shall continue to function in accordance with the provisions of the Constitution,” reads the MoU.

The two sides further agreed that “neither the PTI nor the PML-N leadership will make any statement which calls into question or in any way challenges the credibility or integrity of the commission or any of its members and both parties shall be bound by the findings and orders of the commission and agree not to challenge the same in any manner”.

Dar writes to MPs

Finance Minister Ishaq Dar has sent a letter to parliamentarians informing them about the ToRs for the judicial commission. “You may kindly recall that in a meeting of the political leadership held at the PM House, the party leadership were apprised of the status of negotiations with the PTI as on December 31, 2014,” says Dar in the letter.

In this regard, he said, a tabulated statement containing outstanding issues and PTI-PML-N positions thereon was also shared. “I’m now pleased to convey that on March 20, 2015, we reached a consensus on the outstanding issues,” he added. He also attached copies of the agreed version of General Elections 2013 Inquiry Commission Ordinance, 2014.

Published in The Express Tribune, March 23^rd, 2015.