Who designed, implemented the ‘rigging plan’, asks CJ

ISLAMABAD: In its third hearing on Thursday, the Judicial Commission (JC) probing the alleged rigging in the 2013 general elections asked what the rigging plan was and who had designed and implemented it.
The commission issued notices to the ruling PML-N and MQM, with the direction to file their replies, if they so desired, in response to the allegations of rigging leveled against them by the PTI and JI by April 25 till 12 noon.
The Chief Justice of Pakistan (CJP), Justice Nasirul Mulk, headed the three-member bench comprising Justice Ameer Hani Muslim and Justice Ejaz Afzal Khan as members.
In the application filed by the PTI, there are certain allegations leveled against the PML-N, while in the petition certain assertions have been made by the JI against the MQM, therefore, it is necessary to issue notices to the parties, the commission ruled in its order.
The commission ruled that if the parties — PML-N and MQM — desired, they could file their respective replies by April 25 till 12 noon in response to the allegations.The order further said if any other political party wished to submit names to record its statements as witness, it should also submit them on April 25.
The commission also directed Salman Akram Raja, counsel for Election Commission of Pakistan (ECP), to give an undertaking, assuring preservation of the material and record provided by the PTI regarding 2013 general elections.
The commission in its order noted that the National Database and Registration Authority (Nadra) had submitted its report while the ECP had also filed its report on the proposals of PTI.
The commission further noted that the PTI had filed two applications, one pertaining to the list of evidence and the other to preservation and securing the record and material regarding the 2013 general elections.
The commission, however, clarified that it is for it to decide about the witnesses as per Terms of Reference (TORs).The commission also directed that on the next date of hearing all the political parties should assist the commission to finalise modalities for further proceedings.
Earlier, Abdul Hafeez Pirzada, counsel for the PTI, appeared before the Commission and submitted that they had filed two applications out of which one pertained to providing the list of 13 witnesses, praying for summoning them to record their statements and the 2nd pertained to preserve and secure the record and material provided regarding the 2013 general elections.
The PTI through Abdul Hafeez Pirzada provided the commission with a list of names of 13 individuals and sought permission to cross-examine them.The individuals included the Punjab caretaker chief minister Najam Sethi, Punjab caretaker government chief secretary Javed Iqbal, Punjab caretaker government additional chief secretary Rao Iftikhar, senior journalist Hamid Mir and others.
The learned counsel contended that there were reservations about the success of PML-N in the elections, adding that a notice should be issued to the party.“It is the requirement of natural justice to issue them notice”, Pirzada submitted.
He submitted that the ECP must give an undertaking that the record pertaining to 2013 elections was not only not destroyed, but also it should be preserved.“It should not be tampered with or destroyed”, Pirzada said, adding that the commission can preserve the record through any agency.
“We want to ensure that it is not in the hands of any government agency.”He also requested the commission that copies of documentation submitted by other political parties should be provided.
Justice Nasir-ul-Mulk responded that for the time permission for this request cannot be granted. “First of all, cases will be dealt with one by one on merit basis”, the chief justice observed.Hashmat Habib, representing the Mohajir Qaumi Movement (Afaaq Group) appeared before the court and alleged that the MQM in collaboration with the administration did not allow their candidates to campaign for the 2013 elections and created lots of problems for their contesting candidates.
He informed the commission that they had fielded total 27 candidates, 11 for the National Assembly and 17 for the provincial assembly during 2013 general election.Barrister Aitzaz Ahsan, senior leader of Pakistan People’s Party, while appearing before the Commission submitted proposals saying that the commission had the power to have full access to all the relevant documents adding that its authority was akin to a tribunal but assuming the entire country as one constituency.
He said the corpus of relevant documents on which a finding of fraudulent elections or otherwise can be arrived at, is contained in and preserved in the polling bags.The bags will establish whether or not large scale rigging of a certain given pattern has been committed. He submitted that one fourth, about 70 constituencies, can be selected. He proposed that DROs be directed to notify all candidates to appear for the inspection before designated ROs/Additional Sessions Judges on specified date.
He said inspection on day-to-day basis be conducted to ascertain the completeness and correctness of record, destruction of any of the prescribed documents, especially if it indicates a pattern and the impact of the destroyed documents.
He said the process could be completed in 5-7 working days adding that within 8-10 days the ROs/DROs should submit their reports to the commission.Meanwhile, the commission observed that the proposals of Aitzaz Ahsan will be considered on April 27 and adjourned the hearing for April 27.
During the third hearing, PTI Chairman Imran Khan along with Shah Mahmnood Qureshi, Jehangir Tareen, Shafqat Mahmood, Dr Sheeren Mazari were present.Qamar Zaman Kaira, former PPP information minister, was also present in courtroom No 1.
Moreover, Afrasiab Khattak, Abdul Latif Afridi, former provincial information minister Mian Iftikhar Hussain and Bushra Gohar from Awami National Party (ANP) and Sheikh Rashid Ahmed of Awami Muslim League were also present in the courtroom.