Rigging probe: PML-N, ECP raise objections over PTI’s evidence

Judicial Commission says it will give its decision in the end

ISLAMABAD:

Objections have been raised by the ruling Pakistan Muslim League-Nawaz (PML-N) and the poll supervisory body over the documentary evidence unveiled by Pakistan Tehreek-e-Insaf’s (PTI) first witness, Ishaq Khakwani.

Appearing before the Judicial Commission, headed by Supreme Court Chief Justice Nasirul Mulk, PTI task force chief Ishaq Khakwani presented 79 volumes as evidence.  However, PML-N’s counsel Shahid Hamid raised several objections over the documentary evidence during cross examination.

Hamid said most of the evidence was related to disputes which were either dismissed by election tribunals or their appeals were pending before the tribunals or the Supreme Court. “None of these documents have been obtained from proper custody,” he added.

He said the documents submitted by Khakwani were not certified. “Khakwani is neither the author nor the witness of any of the documents attached in Vol 51 wherein he alleged that elections were rigged at NA-168, which is his own constituency,” he said.

The ECP’s counsel, Salman Akram Raja, asked as to whether it is the personal act of Khakwani to collect all the evidences. Upon this the CJP observed that Khakwani had stated in his affidavit that he not only collected but also received these documents.

The ECP’s counsel claimed that Khakwani’s affidavit was deliberately vague and did not differentiate whether or not he received or collected these documents.

Responding to the objections, the PTI’s counsel Abdul Hafeez Pirzada said most of the documentary proof was obtained from the government’s websites. He contended that under the special ordinance, the commission has the authority to consider any document or material related to the elections rigging.

Justice Amir Hani Muslim, a member of the commission, observed that Qunan-e-Shahdat will not be strictly applicable to these proceedings. However, Justice Ejaz Afzal Khan, third member of the panel, said the counsel has the right to express reservation over authenticity and genuineness of the documents.

The commission’s head Justice Nasirul Mulk told counsels for the PML-N and the ECP that the commission has noted their objections but will give its decision at the end as relevancy of the documents will be determined later on.

During the proceedings, the CJP observed that every political party has the right to cross-examine a witness. Likewise, there is no embargo on political parties for producing any witness at any time during the proceedings, he added.

The PTI, while submitting a list of 13 witnesses, had requested the commission to summon them and record their statements. The commission will, however, examine three key witnesses today (Wednesday).

These include Punjab’s chief secretary during caretaker government Javed Iqbal, Punjab’s additional chief secretary during caretaker government Rao Iftikhar and Punjab election commissioner.

PPP’s application for inspection of bags

Regarding the Pakistan Peoples Party’s (PPP) application for the inspection of polling bags in 65 constituencies to ascertain the correctness of the election record, the PML-N’s counsel said if the commission admits the PPP’s plea then it should select the constituencies itself.

“The applicant [PPP’s counsel Aitzaz Ahsan] has furnished the list of constituencies in Punjab, wherein the PML-N obtained victory while we may also file an application, requesting to inspect bags in constituencies, where PPP, PTI and Muttahida Qaumi Movement (MQM) won the election,” he said.

Speaking at the occasion, Aitzaz Ahsan said a pattern has emerged in Punjab where Form-14 and 15 were destroyed. However, the CJP asked as to what would be the legal consequences in case of discrepancies were found in election record.

“Before opening the bags, we will have to issue notices to the returned candidates and the commission will also examine whether it happened only in Punjab or in other provinces also,” the CJP said.

After deliberation among judges, the commission decided to keep the PPP’s plea and did not pass any order.

In regard to the plea of Mohajir Qaumi Movement-Haqiqi, the chief justice said the commission will examine which witnesses will be summoned because the applicant has requested to summon Sindh governor as witness to record his statement regarding alleged poll rigging.

The hearing of the case has been adjourned till today (Wednesday).


Published in The Express Tribune, May 6^th, 2015.