Audit of elections: PTI chief’s demand is unlawful, says Ishaq Dar

Says govt is not empowered to dictate its terms to apex court


Shahbaz Rana November 11, 2014

ISLAMABAD: Terming it ‘unlawful’, the government on Monday dismissed Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan’s demand for including officials from Military Intelligence (MI) and Inter-Services Intelligence Agency (ISI) in a judicial commission to probe rigging allegations.

“Imran Khan’s demand surprised the government, as either he does not understand the law or confuses a judicial commission with a joint investigation team (JIT),” said Finance Minister Ishaq Dar,addressing a news conference.

“There is neither a law of the jungle nor a monarchy that we start implementing unlawful and unconstitutional demands,” said Dar, adding that no law empowered the government to dictate its terms to the apex court.

Dar said about three months back the government wrote a letter to the Supreme Court of Pakistan, requesting it to constitute three-judge commission to probe into allegation of rigging and fix responsibility.

“The government sought the commission’s constitution under Pakistan’s Commission Act of 1956. The day the government receives the SC’s reply, it will immediately announce the commission,” he added.

Dar said as per the Constitution, a judicial commission only comprises judges and the government will not do anything in violation of the Constitution. He said nominating members of a judicial commission is the prerogative of the chief justice, adding that even the government cannot propose the names.

Dar said it seemed that the SC was reluctant to meddle in election affairs, as the apex court’s recent judgment suggested.

He said the PTI wanted to dictate its own terms of references (TORs) for the judicial commission. The stumbling block was the PTI’s insistence to apply the outcomes of vote audit in 30 constituencies to 342 seats of the National Assembly.

“We would not dissolve assemblies even in case votes could not be verified in 30 constituencies. Rather, we propose to increase the size of the sample to half of total National Assembly seats,” he said.

Published in The Express Tribune, November 11th, 2014.

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