Electoral rigging: Ordinance issued for judicial probe

President promulgates law allowing investigation of rigging allegations

ISLAMABAD:

The government gave legal cover to the proposal of forming a judicial commission to probe election rigging by issuing an ordinance on Friday. President Mamnoon Hussain signed the law into effect, as possibly the first step towards determining the credibility of the 2013 general elections.

On March 20, the ruling Pakistan Muslim League-Nawaz (PML-N) and Pakistan Tehreek-e-Insaf (PTI) had agreed after months of haggling to form the commission to investigate allegations of  rigging in the last polls. The move came after PTI chief Imran Khan warned of more protests if the government went back on its promise of holding a judicial inquiry into electoral fraud.

After President Mamnoon Hussain promulgated the ordinance under Article 89 of the Constitution, PTI leaders told The Express Tribune the party has decided to end its months-long boycott of parliament.

The ordinance allows the government to request the Chief Justice of Pakistan to constitute a three-member judicial commission that will decide if “massive illegalities” were committed that changed the overall results of the general elections held on May 11, 2013, as claimed by Imran Khan.

The investigation will determine three aspects: first, whether or not the 2013 elections were impartial, honest, fair, just and in accordance with law; second if the elections were manipulated or influenced; and third whether the overall electoral results were the true reflection of the mandate.

The proposed body will submit its final report to the government which will be a public document once the investigation is completed.

If the commission concludes that illegalities were committed on a large scale, the Prime Minister will dissolve the National Assembly. Similarly, the four chief ministers will also dissolve the provincial legislatures and fresh polls will be held under a caretaker set up.

And if the judges determine the overall poll results were fair, the embattling PTI will withdraw its allegations and all the assemblies will complete their five-year term.

The commission is supposed to complete its work within 45 days. Room has been given in the ordinance if it takes the commission longer to complete its work. For assistance, the judges are empowered to constitute one or more special investigation teams consisting

officers from executive authorities, including the Federal Investigation Agency, the National Database and Registration Authority, and the directorates for Inter-Services Intelligence, Military Intelligence and the Intelligence Bureau.

The new law also makes it binding for all executive authorities in the federation and the provinces to assist the commission in its functions and to comply with any of its directions. The federal government will provide all necessary funds and facilities to enable the commission?s working.

Back to assembly?

During the coming week’s joint parliament session, the PTI would also have its representatives sit in the upper house of parliament, a senior PTI official said. The decision had already been taken but the official announcement would be made after the party?s core committee meeting scheduled for Sunday (April 5).

He said as per the agreement with the government, Ishaq Dar had assured the PTI delegation of managing the presidential ordinance till Saturday (April 4). In response, PTI’s Shah Mahmood Qureshi gave him the assurance of announcing the end of the party’s boycott of the assemblies.

A close aide of Imran Khan said there still were a few dissenting voices. Some believe the announcement should be made after the judicial commission was formed. Senior party leaders have also advised Imran Khan to stay away from parliament for some more time to avoid frontal attacks from other opposition parties. But he too was optimistic quoting the party’s senior leaders interaction with the PTI chairman that it was a suitable time to get the credit for the proposed commission and to become a part of the process actively.


Published in The Express Tribune, April 4^th, 2015.