Legal matters: PTI’s strategy on ‘polls rigging’ flawed

ISLAMABAD:

Although the state institutions are unwilling to address the grievances of its candidates, there are also apparently flaws in the legal strategy of the PTI in dealing with the issue of alleged election rigging.

The choice of lawyers is always significant to acquire relief in any constitutional matter.

Usually political parties and leaders hire lawyers with good reputation among judges.

Ideally, judges should not have a personal liking or disliking, but it is a fact that some lawyers are able to receive a better right to audience from the bench on account of their reputation.

Now PTI leader Sher Afzal Marwat has filed a constitutional petition through Advocate Riaz Hanif Rahi seeking a probe into the allegations of polls rigging through the formation of a judicial commission.

Advocate Rahi had challenged the appointment of incumbent CJP Qazi Faez Isa as the chief justice of the Balochistan High Court during the tenure of former top judge Saqib Nisar.

The plea was scheduled before a bench but later rejected as there were serious concerns raised by lawyers about the listing of this matter in an open court.

Later during the tenure of ex-CJP Umar Ata Bandial, Rahi had moved a contempt petition against Justice Isa and two high court CJs over the violation of the apex court larger bench’s July 26, 2023 order wherein the notification for the audio leaks commission was suspended.

Soon after filing the contempt petition, Rahi remained absent. Subsequently, he withdrew his contempt petition. The then CJP Bandial had also urged him to show patience in the prevailing political situation.

In the backdrop of this background, senior lawyers are wondering about engaging the services of Rahi for this matter.

They are questioning whether or not Rahi's engagement was deliberate to achieve some motive.

Interestingly, a senior PTI leader did not confirm that Marwat had filed the petition after consulting with the party.

It has been learnt that PTI candidates Salman Akram Raja and Shoaib Shaheen are preparing a constitutional petition on the subject.

Both are claiming that they won the elections from their respective constituencies as per Form 45, which was in their possession. This petition is likely to be filed next week.

Shaheen has already written a letter to CJP Isa on the subject.

Another PTI candidate Shaukat Basra also tried to raise this issue before a bench led by CJP Isa. Subsequently, he held a news conference, questioning the role of the judiciary in the elections.

PTI supporters are disappointed with CJP Isa's role in the polls process, especially after the SC’s January 13 order wherein the party’s internal elections were declared illegal and it was deprived of its popular electoral symbol of the ‘ cricket bat’.

Later, the PTI -- disheartened by the decision -- decided to withdraw its contempt petition over the violation of the court’s order for providing a level playing field to the party in the run-up to the elections.

Throughout the electoral process, the SC led by CJP Isa did not question the executive authorities for ensuring free and fair polls. Now, the PTI is struggling to acquire reserved seats as its candidates contested the elections independently.

CJP Isa had discussed the PTI's 2014 marathon sit-in in the Faizabad Dharna case judgment issued in February 2019.

Following this judgment, the PTI challenged the case’s verdict, while the party-led government filed a presidential reference against the judge, accusing him of financial misconduct.

While the Supreme Judicial Council was holding proceedings on the misconduct complaint, PTI supporters were running a malicious campaign against Justice Isa and his family members, apparently at the behest of the ‘powerful circles’, according to some analysts.

During the term of former CJP Gulzar Ahmed, Justice Isa had taken notice of PTI founding chairman and former premier Imran Khan’s participation in a lawyers’ convention organised by the party’s legal wing in Islamabad.

However, the apex court ruled in February 2021 that Justice Isa should not hear cases involving Imran, who was the prime minister back then.

It has become clear from Justice Isa's observations that he has serious concerns about last year’s May 9 riots.

The SC under CJP Isa did not entertain senior lawyer and politician Chaudhry Aitzaz Ahsan's plea in connection with the alleged enforced disappearance of PTI leaders, as well as Imran’s letter about their harassment.

Presently, there is a cordial relationship between the state institutions.

CJP Isa has so far not made any observation about the Election Commission of Pakistan’s (ECP) conduct during the polls.

It is also a fact that the PTI can never be granted any relief on the issue of alleged polls rigging as long as the state institutions are on the same page.