On Wednesday, the court in Islamabad sent notices to the chief secretary, inspector general, and Punjab advocate general in response to the Pakistan Tehreek-e-Insaf’s (PTI) contempt petition against the Election Commission of Pakistan (ECP). The PTI is claiming that the upcoming general elections will not be held on a fair playing field.
In response to its order on December 22, 2023, requesting that the electoral commission address the party’s complaints, the Supreme Court (SC) has requested a report detailing the actions taken by the relevant officials. January 8 was the new date set for the hearing.
During today’s session, Latif Khosa, who represents the PTI, contended that the party was not being treated fairly in Punjab. He made it clear that no institution could violate its constitutional duty if it did nothing.
Qazi Faez Isa, the chief justice of Pakistan, then urged Khosa to give his whole attention to his case. The question he had for the PTI was whether they had reported the infractions to the relevant authority, the ECP.
Since the PTI’s election commissioner for Punjab had already addressed a letter to the provincial chief secretary and IG detailing the incident on December 24, the party’s attorney explained that the party did not complain with the electoral watchdog.
As CJP Isa scowled at the lawyers’ arguments, he emphasized that the PTI’s 2013 election accusations also went unanswered. The court’s time was nonetheless squandered by you. “The allegations of ’35 punctures’ were leveled in this very court,” he noted.
“It was also you who appointed the current chief election commissioner, not us,” the CJP continued and added.
“We should have brought this matter before the high court, Khosa sahib; we have given you extra mileage,” Justice Isa added during the hearing.
Stop believing the world is against you, the CJP told the PTI lawyers. “Keep a positive outlook,” Justice Isa advised, urging Khosa not to utter the words “worst” in reference to the impending elections. We merely inquire. “Don’t take offense,” he stressed.
It is unreasonable to expect the court to decide who should have their nomination papers accepted and who should have them rejected, Justice Isa said. He emphasized that “the courts stand behind every political party” and that individuals who have challenged the rejection of their nomination papers should seek help from electoral tribunals.
In preparation for the hearing, the PTI had filed paperwork with the Supreme Court asserting that the papers of more than 2,000 PTI leaders had been rejected, casting doubt on the integrity of the voting process.
The PTI asserts that the presented evidence shows that 668 papers belonging to the party’s senior leadership have been rejected. Not only that, but the nomination papers of about 2,000 PTI-backed leaders, including those from the second round, have also been rejected.
There were allegedly 56 instances of the theft of nomination papers belonging to PTI candidates, according to PTI documents. Also, people who support or advocate for the PTI have been arrested.
Email from ECP
In a letter dated December 24, 2023, addressed to the Punjab chief secretary and inspector general, the Punjab election commissioner stated, “With great concern I have the honour to bring into your kind notice that this office is flooding with numerous kind of applications almost from every district as well as the “Media Reports” circulating that the candidates, especially those belonging to PTI, are being mistreated by the Police Personnel both outside and inside the Returning Officers’ Offices. This is clearly a violation of the Electoral Laws, particularly the essence of Article 218 (3) of the Constitution, as well as directions of the Election Commission.”
“This office has sent so many complaints and applications to your respective office as well as to the offices of the concerned authorities for taking immediate necessary action to control the situation,” the commissioner continued. However, it is surprising that no measures have been implemented thus far, and the incidents continue to occur.
“As you also know, all the executive authorities are bound to assist the Election Commission of Pakistan in the conduct of Elections in a free, fair and transparent manner as stipulated in Article-220 to be read with Section-5 of the Elections Act-2017,” the ECP officer stated, requesting the provincial officials to thoroughly investigate the matter.
“Foregoing in view it is, therefore, requested kindly to intervene in the matter by issuing strict directions to all concerned under your administrative control to act proactively, effectively and promptly to provide a conducive environment at the premises of the ROs’ Offices so as all the prospective candidates could file their nomination Papers at ease without any hindrance, fear and intimidation” .
It is the PTI’s request
Aftab Akbar Durrani, the Interior Secretary, Omar Hamid Khan, the ECP Secretary, and the chief secretaries of Khyber Pakhtunkhwa (KP), Punjab, Sindh, and Balochistan are among the prominent individuals targeted by the PTI’s contempt of court petition. The appeal also names the following individuals as respondents: IG KP Akhtar Hayat, IG Sindh Riffat Mukhtar, IG Balochistan Abdul Khalique Sheikh, and IG Punjab Dr. Usman Anwar.
A plea seeking the intervention of the Supreme Court has been presented by Shoaib Shaheen on behalf of PTI chairman Barrister Gohar Ali Khan. In order to ensure a fair election, the application asks the court to prohibit the detention of PTI officials, workers, and candidates. In addition to requesting that their proposers and seconders be protected from intimidation, the appeal stresses the significance of enabling their active engagement in the political process.
The plea also asks the highest court to make sure that district returning officers (DROs) and appointed returning officers (ROs) are fair and follow the law when they do their jobs. In the plea, the imperative of not treating the PTI or its candidates unfairly or illegally is emphasized.
Respond to PTI’s worries: SC
The Supreme Court ordered the ECP to resolve the PTI’s concerns about an uneven playing field in the forthcoming general elections on December 22.
The head of the ECP’s legal department told the judge that the party had not gotten any reports of PTI candidates’ nomination papers being stolen. According to the court, the presence of complaints from political parties indicates that the ECP is not functioning properly.
The actions of the ECP were reported in newspapers, Justice Athar Minallah said while seated on the bench. Furthermore, he stated that neither the caretaker administration nor the ECP took any action about the fate of Usman Dar’s mother. “Seems like the claim about not getting a fair playing field was correct,” he made the statement.
Additionally, Justice Mansoor Ali Shah, who is seated on the bench, emphasized the urgency of the ECP convening a meeting with the political parties. After hearing the petitions, Justice Masood issued a directive to the provincial police chiefs, instructing them not to persecute the PTI candidates.
In its written order, the court stated that the PTI’s grievances should be resolved by the ECP without interfering with the election schedule, and this was issued following the hearing. Voters’ trust in the democratic system was bolstered by its emphasis on fair elections.
The court ruled that elections, free from manipulation, should accurately reflect the will of the people. It went on to say that the ECP had to ensure legitimate elections were held in order to legitimize elected governments.
A level playing field is necessary for healthy competition, and the supreme court’s decision stressed that free and fair elections were more important than the election outcomes. The decision went on to say that the ECP should make sure that every political party has a fair shot at winning elections.
