SC directs ECP to redress PTI concerns about level-playing field

Bench says fair, transparent elections more important than election results


Jahanzeb Abbasi December 22, 2023

ISLAMABAD:

The Supreme Court directed the Election Commission of Pakistan (ECP) on Friday to address the reservations of the Pakistan Tehreek-e-Insaf (PTI) regarding the lack of a level-playing field for the upcoming general elections.
A three-member bench, led by Acting Chief Justice Sardar Tariq Masood heard the four applications filed by the PTI lawyer Shoaib Shaheen. He said that the election schedule has been issued but the PTI candidates were not being issued the nomination papers.

Shaheen also alleged that the detention orders of the PTI activists under the Maintenance of Public Order (MPO) were also being issued. On that Justice Masood asked why the ECP was not being able to stop the issuance of the MPO orders.
The director general of the ECP’s law department informed the court that it had not received any complaint of snatching of nomination papers from the PTI candidates. The court remarked that if political parties had complaints it meant that the ECP was not working.

Sitting on the bench, Justice Athar Manullah remarked that what the ECP had done was in the newspapers. He added that the caretaker government and the ECP did nothing as to what happened to Usman Dar’s mother. Apparently the allegation of not getting a level playing field was true,” he said.

Justice Manullah treating everyone equally was a level-playing field. Also sitting on the bench, Justice Mansoor Ali Shah said that the ECP should meet the political parties immediately, while disposing of the petitions, Justice Masood told all the provincial police chiefs not to harass the PTI candidates.
After the hearing, the court issued its written order, saying that the ECP should resolve the complaints of the PTI without disrupting the election schedule. It emphasised that transparent elections maintained public confidence in the democratic process.

The court declared that Elections should be a true reflection of the will of the people instead of coercion. It added that it was the responsibility of the ECP to conduct fair elections, which provided legitimacy to an elected government.
The apex court verdict said that free and fair elections were more important than the election results and emphasised that level-playing field was essential for a healthy competition. The ECP should ensure that all parties have equal opportunities in the electoral process, the verdict added.

According to Express News, following the Supreme Court order, the ECP sent letters to the provincial election commissioners, chief secretaries and inspectors general of police to resolve the PTI’s complaints in accordance with the law.

The letter has been sent by the ECP secretary stated that complaints had been received that obstacles were being created in the election process. It added that complaints had been received through the media about difficulties in obtaining and submitting nomination papers, as well as snatching of papers.

Also, a PTI delegation met with the ECP. Talking to the media after the meeting Shaheen said that the ECP had assured the party of addressing its concerns regarding a lack of a level playing field in the run up to the February 8 general election.
He added that the ECP assured that action would be taken against all personnel and police officers who had attempted to impede the election process or had carried out any illegal activity to create obstacles in the smooth functioning of the electoral process.

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