Snail-paced tribunals

The clipped February 8, 2024 verdict is now literally questioning the independence of the judiciary. Even 14 months after the vote, it is heart-wrenching to note that more than two-thirds of the petitions challenging the results of national and provincial assembly constituencies remain undecided. This not only violates the constitutional dictum to settle such rows within a stipulated time period, but also comes to delegitimise the ruling edifice, apart from raising questions on the biases of the Election Commission. Adding to this is the outcome in the form of abject political instability that is reflected in a sense of disconnect with state-centrism.

The Free and Fair Election Network (FAFEN), an independent think tank, maintains that the overall pace of decisions has been slow. It says between February 1 and April 20, 2025, election tribunals decided 24 petitions related to the general elections, bringing the total number of decided petitions to 136 of a total of 372 being heard across the four provinces. Of these, 26% relate to National Assembly seats and 42% to provincial assembly seats. Apparently, the intention is to deny justice to the PTI candidates, most of whom contested as 'Independent' and were declared successful as per Form 45, only to be declared otherwise under a jaundiced order of Form-47 by the electoral watchdog.

One of the prime reasons behind this stalemate is the influence of the executive over the judiciary. The non-formation of tribunals in real time, an inordinate delay in hearing the cases and a biased approach from the state prosecution are the obstacles to dispensation of justice. Likewise, four tribunals remained largely dysfunctional during the reporting period, including two in K-P, one each in Punjab and the Islamabad Capital Territory. This dilemma is casting negativity: coupled with this is the phenomenon of an incomplete Senate, as K-P lacks representation in it, and the non-implementation of the Supreme Court's July 12 verdict on awarding of reserved seats for women and minorities.