Capture of polling stations: Offenders may get off with ‘slap on the wrist’

ECP prescribes no minimum punishment

ISLAMABAD:

While many in civil society want stringent laws to check rigging in the polls, election authorities have proposed an amendment in the law which, if passed by parliament, could allow a lesser penalty for the offence of taking over a polling station by force.

Under existing election laws, the offence of taking over a polling station by force is separate from corrupt polling practices and carries a heavier penalty than the latter.



The main clause of section 82 of the Representation of Peoples Act 1976, which deals with ‘corrupt practices’, prescribes imprisonment up to three years or a fine worth at least Rs5,000 or both for the offence. The subsequent clause of the section – 82A – deals with the ‘capture of polling stations by force’ and prescribes a minimum punishment of three years imprisonment, extendable up to five years, and a fine worth at least Rs50,000, extendable up to Rs100,000.

In its newly drafted election laws – currently placed before the parliamentary committee on electoral reforms – the Election Commission of Pakistan (ECP) has included the forcible takeover of polling stations within the definition for ‘corrupt practices’.

According to section 151(2) of the Draft Unified Election Law 2014, anyone “guilty of bribery, personation, undue influence, capturing of polling station or polling booth, canvassing in or near polling station or tampering with papers” has committed a corrupt practice.

Section 158 of the draft law, meanwhile, prescribes “imprisonment for a term which may extend to three years or a fine which may extend to Rs100,000 or both” as punishment for corrupt practices. The section leaves out the minimum limit for punishment for the offence, meaning that if passed by parliament, it would be up to the judges to decide what penalty to impose.

“If a law only prescribes imprisonment for up to three years without a minimum sentence, a judge can send the accused behind bars for a month, a day or even a few hours, based on his discretion,” said one legal expert.

For now, ECP’s draft only exists as a proposal before the parliamentary panel on electoral reforms which has yet to finalise it before it can be tabled before parliament. If accepted as proposed by ECP, however, the new laws may end up benefitting offenders. In areas where the strong flout laws as and how they wish, incidents of taking over polling stations by force may increase.

Published in The Express Tribune, October 9^th, 2014.