Judicial commission proceedings: PML-N rebuffs PTI’s rigging charges

Submits 117-page reply in response to the panel’s notices, defends role of ECP

ISLAMABAD:

The ruling Pakistan Muslim League-Nawaz (PML-N) has told the inquiry commission that the Pakistan Tehreek-e-Insaf (PTI) has not provided any material evidence to prove that the 2013 elections were rigged by design.

At the same time, Pakistan Muslim League-Q though its counsel Dr Khalid Ranjha submitted the resignation of former secretary ECP Ishtiaq Ahmad Khan, wherein he had alleged that former chief justice Iftikhar Muhammad Chaudhry was interfering in matters of the commission.

Likewise, PML-Q also submitted different news clippings regarding the former chief justice’s interference in the last general elections.

For its part, the PTI submitted a list of 77 constituencies, including 35 provincial assembly and 42 National Assembly seats along with evidence before the commission, wherein the elections were allegedly rigged. Likewise, the PTI has also given proof that the appointment of former secretary ECP was illegal.

However the PTI did not submit any more names of witnesses to have their statements recorded before the commission. Top jurists were surprised that despite PTI leadership allegations, the legal team had not furnished the names of former chief justice Iftikhar Muhammad Chaudhry, former judge Khalilur Rehman Ramday and Mir Shakilur Rehman as witnesses.

In response to the inquiry commission’s notice, the PML-N on Saturday submitted a 117-page reply, wherein it is prayed that the commission determine that the last general elections were not manipulated or influenced pursuant to a systematic effort or design by anyone.

The reply is submitted by a new legal team, headed by Shahid Hamid and comprises Rafiq Rajwana and Mustafa Ramday, wherein the ruling party has defended the role of Election Commission of Pakistan (ECP) in the last general elections.

Earlier, PML-N engaged Khawaja Haris and Makhdoom Ali Khan to present its case before the commission but at the eleventh hour, both counsels have recused themselves from defending the ruling party’s stance due to domestic reasons.

The PML-N in its reply opposed the PTI’s request to play video footage and news channel programs and said that this may convert the proceedings of the commission into theater without serving any useful purpose.

“Views expressed by news casters, channel anchors and their interviews in recorded programs cannot be used as evidence as persons making particular statements would not be subject to cross examination”, says the reply.

The PML-N has also requested that the commission provide the NADRA analysis reports for comments.

The reply states that contrary to the dharna rhetoric, the PTI’s petition is singularly silent and no material has been placed on record either to prove that elections were rigged by design.

“The PML-N finds no grounds to differ with the main thrust of the report submitted by ECP. On the basis of said report, the inquiry commission may safely conclude that General Elections 2013 were organized and conducted impartially, honestly, fairly, justly and in accordance with law,” it said.

It claimed that the PTI petition does not even attempt to show that PML-N was involved in any manner or at any level with alleged systematic manipulation of the general elections.

Out of 272 total seats, PML-N won 129 seats including 119 in Punjab and PTI won 27 seats but only 30 of PTI’s losing candidates for NA seats chose to file elections petitions including 19 in Punjab. Likewise, another 28 PTI candidates challenged the elections in provincial constituencies.

“These figures establish that the majority of PTI’s candidates accepted their electoral defeat and PML-N won the elections by a decisive margin and aftermaths of elections, vast majority of PTI candidates and its leadership accepted the election results”

The ruling party has also cited the contents of international observers’ reports that the elections were fair.

Regarding the opposition party’s objection over the appointment four ECP members, the PML-N says that all members were appointed in accordance with the law, adding that if PTI feels differently it may if so advised, prefer a challenge either under Article 199 or Article 209 of the constitution and this matter does not fall within the TORs of the commission.

The reply further says that prima facia, there does not appear to any need for a deeper inquiry by a special investigation team as there is no evidence of any disenfranchisement or bogus voting.

Published in The Express Tribune, April 26^th, 2015.