Chief Justice Nasirul Mulk. PHOTO: APP
The Election Commission of Pakistan has been given a week to respond to a 46-page statement on alleged rigging in the 2013 general elections. Moreover, Nadra has been told to submit analysis reports of 37 constituencies within three days.
The three-judge commission formed to probe the rigging allegations also asked the Pakistan Tehreek-e-Insaf to submit evidence supporting their 46-page statement within a week. “We have only statements. Supporting evidence should also be filed,” the PTI’s counsel was told.
The judicial body is headed by CJP Nasirul Mulk and comprises Justices Amir Hani Muslim and Ejaz Afzal Khan. The inquiry panel has nominated former AAG, KK Agha to assist on legal issues.
On the PTI’s request, the commission also asked Nadra to submit analysis reports of at least 37 constituencies within three days, adding that the PTI’s counsel may later get their copies from the office of the judicial body.
The PTI leadership had earlier sought certified copies of the full set of Nadra’s analysis reports but the request was declined.
During the proceedings at the Supreme Court on Thursday, PTI chief Imran Khan was seated with Jehangir Tareen, the party’s secretary general. PML-N MNAs Tallal Chaudry and Sheikh Rohail Asghar were also in attendance.
The commission recommended to the political leaders appearing before it to avoid talking to the media within the apex court’s premises. It also advised media houses against holding TV programmes on the commission’s proceedings, adding that the media should only report facts and avoid comment on proceedings.
The CJP said 21 political parties and 47 individuals have submitted their proposals, which would be examined one by one before the commission grants anyone the right of an audience.
He asked the counsels for all the parties to assist the judicial body in determining the extent to which it could probe the constituencies where the rigging allegations have been levelled without sending notices to the returning candidates. “Secondly, what will be the fate of the cases that have been decided by the election tribunals and whose appeals are pending in the superior courts?”
The CJP repeatedly told the counsels that the commission would work within its terms of reference (ToR). He said some political parties had highlighted individual grievances in their statements. “These parties should reconsider their proposals with supporting evidences in accordance with the ToR.”
PTI’s counsel Abdul Hafiz Pirzada said the spirit of Article 218 of the constitution was violated during the last general polls. The article states that it shall be the duty of the election commission to organise and conduct the election and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with the law, and that corrupt practices are guarded against.
The CJP told Pirzada that half of his preliminary statement was about the ECP’s failure in the previous elections, to which the counsel said: “It was the ECP’s biggest failure that it could not hold fair elections. We shall be happy if the commission seeks comments from the ECP.”
Later, when the commission asked PPP’s counsel Sardar Latif Khosa whether the party was claiming rigging in a particular area or throughout the country, the counsel sought a week’s time to submit a fresh proposal in accordance with the judicial body’s ToR.
PML-Q’s counsel Dr Khalid Ranjha said different rigging mechanisms were adopted in every election, adding that the last one was rigged through the returning officers. On this the commission asked the ECP to submit a reply within a week. The hearing has been adjourned until April 23.
Red-letter day
Addressing the media outside the court’s premises after the proceedings, Imran Khan said his party would accept the results of the judicial commission. “It is a red-letter day in the history of Pakistan,” he said.
He said the party’s task force would present different kinds of evidence before the judicial commission to prove that planned and organised rigging was carried out in the last general elections. Imran said that twenty-six political parties and groups will appear as witnesses before the commission.
Published in The Express Tribune, April 17th, 2015.
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