2013 poll rigging: Identify plotters of alleged vote fraud, panel asks parties

Judicial Commission circulates questionnaire among political outfits, expects replies by Wednesday

ISLAMABAD:

A judicial commission investigating alleged fraud in the 2013 parliamentary elections has given the complainants 48 hours to tell the panel if the polls were ‘systematically’ rigged, if yes, then identify those who ‘planned’ the rigging.

In a questionnaire sent to the parties that allege that the elections were rigged, the three-judge commission, led by Chief Justice Nasirul Mulk, made three key queries, asking the counsels for the parties to submit their written replies by Wednesday.

Firstly, the panel asked the parties do they allege that the 2013 elections “were not organised and conducted impartially, honestly, fairly and justly in accordance with the law? If so, specify why?” The parties have been asked to indicate the material and witnesses they will rely on in order to substantiate their allegations.

Secondly, the commission asked the parties whether they believe the elections were “manipulated or influenced pursuant to a systematic effort by design?” If so, then provide material and witnesses and specify who made the rigging plan, what exactly the plan was and how it was executed.



Thirdly, the commission asked whether the 2013 elections were also ‘systematically rigged’ in provincial assembly constituencies. If the parties claim that the elections for only National Assembly constituencies were rigged, then they have to specify if it were rigged in all four provinces or only in some provinces.

The questionnaire has been issued to assist the commission and enable it to adhere to a timeframe given for completing the inquiry into the vote fraud allegations.

The judicial commission was formed through a presidential decree following months of negotiations between the ruling Pakistan Muslim League-Nawaz (PML-N) and its political archrival Pakistan Tehreek-e-Insaf (PTI) of Imran Khan. The PTI alleges that the 2013 elections were massively rigged in favour of the PML-N and that the then top judiciary and executive aided and abetted this electoral fraud. In August, the party had mounted a massive campaign to press its demands. The four-month-long campaign was, however, called off in December following a deadly Taliban attack on Peshawar’s Army Public School.

Why questionnaire?

While submitting their responses and proposals, the political parties generally ignored the Terms of Reference (ToRs) of the commission which is why the panel issued the questionnaire, said Justice Nasirul Mulk. “This will elicit more focused responses,” he added.

The top judge said the commission had received 101 applications from individuals – but these were not being considered for the time being. “Most of the applicants have only submitted proposals on how to conduct elections in the future,” he said. Justice Nasirul Mulk said if the commission required further probe, then an investigation team would be formed.

‘Unfortunate remarks’

Shahid Hamid, the counsel for PML-N, told the commission that leaders from the PTI and PML-Q had made some ‘unfortunate remarks’ against the top poll supervisory body and its staff. “The remarks are akin to attacking the reputation of the Election Commission of Pakistan (ECP), the returning officers (ROs) and presiding officers,” he claimed.

Hamid further said that the two parties had ‘insulted’ everyone from top to bottom. “They have attacked the independence of the judiciary. They have levelled gross allegations against two former chief justices and a judge of the Lahore High Court.” He alleged that the two parties had scandalised the national institutions and committed contempt of court.

Objecting to the complainants’ demand for formation of a special investigation team, Hamid asked the commission if a team comprising officials from the Intelligence Bureau, Military Intelligence, Federal Investigation Agency and the Inter-Services Intelligence would quiz serving and former judges and if it would also visit district courts to grill the sessions judges?

Hamid said electoral fraud was a criminal conspiracy but the allegations needed to be proven beyond reasonable doubt. He submitted a chart mentioning the party’s victory against the PTI in 129 constituencies.

Two levels of claims

Salman Akram Raja, counsel for the ECP, said there were two levels of allegations against his client. “The first is about the conduct of the polls wherein the impartiality if the ROs, printing of additional papers have been questioned. The ECP can respond to these allegations,” he said.

However, he added that rigging has been alleged in different constituencies which has already been decided by election tribunals and the Supreme Court. “If the judicial commission reopens these matters, then will it not be prejudice against the superior courts?

To this, the top judge said this question would be decided by the end of the judicial inquiry. Subsequently, the commission adjourn the hearing until Wednesday.


Published in The Express Tribune, April 28^th, 2015.