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Thursday March 28, 2024

JC asks: Who made the rigging plan, who executed it?

Provides questionnaire to political parties; seeks replies from parties by today

By our correspondents
April 28, 2015
ISLAMABAD: The Judicial Commission (JC) probing the alleged rigging in the 2013 general elections on Monday provided a questionnaire to all the political parties, asking them to answer who had made the plan if rigging in the polls was systematic and who had executed that plan.
The Judicial Commission sought written replies from the political parties as per its Terms of Reference (TORs).The three-member Judicial Commission headed by Chief Justice Nasirul Mulk held its fourth hearing on Monday. Other members of the Commission are Justice Ameer Hani Muslim and Justice Ejaz Afzal Khan.
The Commission also directed the Election Commission of Pakistan (ECP) to submit its reply within two days in response to the allegations levelled in the petition filed by the Balochistan National Party-Awami (BNP-A) alleging that the then provincial chief secretary was involved in manipulating and rigging the 2013 general elections in the province.
During the course of the fourth hearing, the chief justice observed that some parties did not submit documents under the commission’s terms of reference and most of the documents submitted were generic.
The commission put three questions to all the political parties. It asked them whether they had alleged that the general elections 2013 were not organised or conducted impartially, honestly, fairly and justly in accordance with the law and if so, they must specifically submit the reasons. The commission also asked the political parties to indicate the materialand witnesses which they (political parties) would rely on in order to support their allegations.
In the second question, the commission asked the political parties whether they alleged that the general election 2013 were manipulated or influenced pursuant to a systematic effort by design by anyone.If so, the commission asked the political parties to provide details as to who made the plan with material and witnesses which they would rely on in order to support their allegations.
Similarly, the commission asked the political parties to tell it as to who implemented the plan and also tell it as to how the plan had been implemented. “Does systematic effort as mentioned in S.3 (b) include just National Assembly (NA) seats or Provincial Assembly (PA) seats as well? Does systematic effort include NA seats of all the four provinces or just is confined to certain provinces,” the commission asked the political parties and directed to submit their written response by today (Tuesday) and adjourned further hearing till April 29.
The Chief Justice ruled that the commission would resume its hearing on April 29 at 11.30am.During the hearing, Shah Khawar, counsel for Balochistan National Party (Awami) said that they had filed four applications, and also filed a petition in addition, wherein they had given a bird’s eye view as to how the whole election in Balochistan was rigged.
He alleged that the then Balochistan chief secretary had rigged and manipulated the elections saying that the then Chief Secretary Babar Yaqoob Fateh Muhammad was presently holding the office of Secretary Election Commission.
The commission directed the ECP to submit its reply within two days regarding the allegations, leveled by the BNP-A.Abdul Hafeez Pirzada, counsel for PTI while appearing before the commission submitted that they were determined to assist the commission with utmost efforts adding that they had provided the commission documents in bulk regarding the 2013 general elections adding that the ECP failed to hold the elections in free and transparent manner.
At this, Shahid Hamid, counsel for PML-N gave a smile to which Abdul Hafeez Pirzada strongly reacted saying he would not accept such an attitude of the learned counsel. At this Shahid Hamid said that Mr Pirzada was a heart patient.
“You are on your last legs and I have enough energy to fight”, Pirzada retorted. Chief Justice Nasirul Mulk however asked both the counsels to cool down.Later, Mr Pirzada said that he was sorry for what he said to his learned friend.
Meanwhile, PML-N lawyer Shahid Hamid contended that the allegations of rigging, leveled by the PML-Q were unprecedented and its petition did not spare anyone including the Chief Election Commissioner, the Returning Officers (ROs) and Deputy Returning Officers (DROs). Similarly, he said that in the PTI’s petition, there was an assault on the independence of judiciary adding that even one former chief justice was not spared.
He requested the commission to strike down some paras from both the petitions. Shahid Hamid contended that the allegations that the elections were manipulated or rigged were a criminal conspiracy under section 120A of Pakistan Penal Code and were tantamount to subverting the will of the people, as these charges invoked Article 6 of the Constitution.
He further submitted that all the time, PTI during its Dharna gave just a perception of rigging but without any proof.“But we will go by the facts not perception”, Justice Nasirul Mulk said
Barrister Aitzaz Ahsen, counsel for PPP and Salman Akram Raja, counsel for Election Commission also appeared before the commission. Aitzaz Ahsen said that as he had already submitted that he was not going to provide any witnesses but would rely on the missing bags of 2013 general elections, which is the most important point.
“I rely on the documents in the bags”, he submittedMeanwhile, the commission adjourned the hearing till April 29.