Vote fraud charges: CJP to head three-judge judicial commission

The inquiry panel will hold its first meeting today

ISLAMABAD:

Chief Justice of Pakistan Justice Nasirul Mulk on Wednesday formed a much demanded judicial commission that will investigate allegations of systematic and organised rigging in the May 2013 general elections. Formation of the commission was a key demand of Imran Khan’s Pakistan Tehreek-e-Insaf which alleges that the 2013 elections were massively rigged in favour of the ruling PML-N.

According to a press release issued by the Supreme Court on Wednesday, the chief justice formed the commission in pursuance of the request sent by the Ministry of Law, Justice and Human Rights under the General Election 2013 Inquiry Commission Ordinance, 2015,

The three-judge commission is headed by the chief justice while its two other members are Justice Amir Hani Muslim and Justice Ejaz Afzal Khan. The commission will hold its first meeting today (Thursday) where it will decide whether its proceedings should be open or in-camera.

According to Section 7 of the new ordinance, the commission shall submit its final report on the matter as expeditiously as possible and preferably within 45 days of its meeting.

A senior official told The Express Tribune that after presiding over the first meeting of the commission, the chief justice will leave on a five-day visit to the United Kingdom to attend a conference of chief justices of Commonwealth countries.

“It is expected that in its first meeting the commission will appoint a secretary for coordinating with different departments and provincial governments,” he said, adding that SC Registrar Tahir Shahbaz is likely to act as secretary of the commission.

Challenges for the commission

Talking to The Express Tribune, former president of the Supreme Court Bar Association Kamran Murtaza said the commission was formed but its legality was still questionable. “The proceedings of the commission may be challenged under Article 184 (3) of the Constitution,” he said.  He added that the commission was supposed to give its findings within 45 days, which seemed to be impossible.

Murtaza said the biggest challenge for the commission’s members would be to deal with their old colleagues – namely Justice (retd) Iftikhar Muhammad Chaudhry and Justice (retd) Khalil-ur-Rehman Ramday – who have been accused of aiding and abetting the alleged electoral fraud.

“If the commission’s findings went against any of the party, then the commission members would face criticism,” he said.

A senior lawyer belonging to ruling PML-N said the commission was unlikely to put to rest the controversy of election rigging. He claimed that the commission would do nothing regarding rigging as it has no mechanism to probe the allegations. He said the commission might recuse to probe into the matter due to constitutional as well as technical issues. “The inquiry commission is just a face saving for both the parties,” he said.

PTI expresses confidence over the judges

Welcoming the move, the PTI’s legal wing expressed confidence in the judges nominated for the commission. Ishaq Kha Khakwani, a member of the PTI’s core committee, said all the three judges were honourable people and the party fully trusted their integrity.

“It is the first time in the history of Pakistan that a commission has been constituted, headed by the CJP himself, to probe electoral fraud as we have a good chance to place evidence of rigging before the commission,” he said.

Challenge for PTI

However, top jurists believe that now it will be a test of PTI’s legal team’s abilities to present its case before the commission. Insiders revealed that instead of relying on its own legal team, the PTI senior leadership was seeking assistance from other parties counsels in the matters related to elections rigging.

The PTI chief Imran Khan has held a meeting with Chief Election Commissioner (CEC) Sardar Raza Khan as well as with PPP Senator Babar Awan. Sources said senior lawyer Hamid Khan has already distanced himself from PTI’s leadership due to their criticism of former chief justice Iftikhar Muhammad Chaudhry.

Published in The Express Tribune, April 9^th, 2015.