Rigging allegations: PM Nawaz green-lights judicial commission

Despite apprehensions all political parties, except MQM, on board

ISLAMABAD:

Prime Minister Nawaz Sharif overruled the objections of his political counterparts on Tuesday as he endorsed plans to form a judicial commission (JC) to investigate election rigging claims. The proposed body will be given legal cover through an ordinance to be issued before March 30.

On March 20, the ruling Pakistan Muslim League-Nawaz (PML-N) and Pakistan Tehreek-e-Insaf (PTI) had agreed to form the commission to probe rigging allegations in the 2013 general elections after months of haggling.

Four days later, the premier took the parliamentary leaders of all political parties into confidence over the negotiations with the Imran Khan-led party and the formation of the inquiry commission. “We [Pakistan Muslim League-Nawaz] want to take all political forces together on matters of national importance,” PM Sharif told them at his National Assembly chamber before deliberating upon the matter in detail.

He reminded them that he had written a letter to form the commission on August 13, 2014.

Although parliamentarians did initially voice constitutional and legal reservations against his plan, they decided in the end to support the government in the interest of democracy and political stability. The Muttahida Qaumi Movement (MQM), however, openly opposed the commission, terming it unconstitutional.



After the meeting, Farooq Sattar told the media that the MQM believes the proposed body violates Articles 225 and 189 of the Constitution. “How is it possible to investigate the [rigging] allegations when tribunals are present under Article 225?” Recently, the Supreme Court disposed of petitions filed by the PTI under Article 189 which challenged the poll results of four constituencies. The bench ruled that only election tribunals are authorised to deal with poll-related affairs.

Reservations

Sources privy to the development told The Express Tribune that almost all major political parties were against the formation of the commission. The government’s allies Pashtoonkhwa Milli Awami Party, Jamiat Ulema-e-Islam-Fazl, National Party and Qaumi Wattan Party, and even some opposition parties especially the Awami National Party, believed the move would set a precedent to get demands approved with the support of 20,000 protesters.

The heads of political parties warned the PM that the PTI chief, who does not even spare superior court judges from criticism, might use the JC report, if irregularities are found, as propaganda against the last elections. They advised the premier to solve the matter politically, the sources said.

The PM, however, remained adamant and told them about an alternate plan devised in consultation with the Pakistan Peoples Party on how to make and work with the body.

The sources said that PPP leader Aitzaz Ahsan pointed out with surety that the proposed commission would be challenged in the apex court and the court might strike it down as well. Despite this, he added, political leaders should go ahead with the JC just to satisfy the PTI and then it would be on down to the PTI to defend the commission in the top court. The sources said the PM was also sure about the JC being challenged in the top court. This convinced the political parties to accept the formation of the commission. The proposed ordinance has been drafted and distributed to all stakeholders.

 

Published in The Express Tribune, March 25^th, 2015.