ISLAMABAD: The Pakistan Tehreek-e-Insaf (PTI) on Wednesday, while submitting its response to the three questions posed by the Judicial Commission (JC) probing the alleged rigging in the 2013 general elections, submitted that the plan or design was implemented by the ruling Pakistan Muslim League (Nawaz) through its supporters, accomplices and cohorts. The JC had given the 21 political parties till April 29 to submit replies to three questions, asking them as to why they thought the elections were rigged; to specify material evidence and witnesses, to ascertain if they believed the polls were “influenced pursuant to a systematic effort by design by any one” political party or individual, and who designed and implemented the plan to rig the elections. In pursuance to the JC directives, political parties including PTI, JI, PML-Q, Mohajir Qaumi Movement (Afaq) and PPP submitted their replies to the three questions posed by the JC. Filed through Abdul Hafeez Pirzada, the PTI contended that the details of the plan would come to light as the enquiry and investigation progressed. However, broadly it perceived, believed and alleged that inter alia, the plan involved various elements the underlying object of which was to procure through various unlawful means, corrupt and illegal practices through co-opting and in collusion with Returning Officers (ROs) and Presiding Officers and the manipulation and maneuvering of the bureaucracy and election machinery as many votes and seats as possible in the Punjab so as to enable majority in the National Assembly. “The plan or design also has elements which focused on obtaining through similar or analogous illegal and unlawful means seats in the provincial assembly”, the PTI contended. The PTI however, besides giving its response to the Commission’s questionnaire contended that as per Ordinance under which the Commission was constituted, it was the Commission which “shall inquire into and determine” the answer to the three questions set out in Section 3(a) to 3(c) of Ordinance regarding the time period prescribed in Section 7(1) of the Ordinance. Accordingly, it follows, inevitably, that the statutory obligation to undertake the enquiry and to make determinations is that of the Commission”, the PTI reply said. The PTI contended that this obligation for instance, would remain and subsist even if assuming, arguendo, no political party or other persons had appeared before the Commission after the promulgation of the General Elections 2013 Inquiry Commission Ordinance 2015 and constitution of the same. In such circumstances, the PTI contended that the Commission would perforce have to continue to perform and carry out its stated function as set forth in Section 3 of the Ordinance read with Section 7 thereof. This also shows that the onus to prove any allegation cannot be placed entirely on any political party or person raising the same before the Commission”, the PTI submitted. It further submitted that the Commission may take judicial notice of the fact that both the Election Commission of Pakistan and PML-N-the later in power through the Federal Governments in the Punjab and through coalition in Balochistan have the control and custody of all the relevant public records and documents which can only be summoned through the orders of the Commission. Similarly, the witnesses suggested by the PTI are not its witnesses to whom summons will have to be issued by the Commission to appear. Similarly, PML-Q in its reply requested the Judicial Commission to summon DG ISI, DG MI as witnesses to record their statements regarding alleged rigging in 2013 general elections. Filed through advocate Dr Khalid Ranjha, the PML-Q submitted a list of 12 persons as witnesses including DG ISI, DG MI, Registrar Lahore High Court, Registrar Supreme Court, Secretary Election Commission of Pakistan, former Secretary Election Commission of Pakistan, former Chief Election Commissioners including Justice (R) Fakhruddin G Ibrahim and Justice (R) Hamid Ali Mirza. Meanwhile, Jamaat Islami (JI) while submitting its reply submitted before the Commission that the plan implemented was to win all constuencies with maximum votes by forgery, fraud, rigging in Karachi, Hyderabad and in Fata. Filed through advocate Rashid A Rizvi, the Jamaat Islami contended that the plan in Karachi division and Hyderabad was implemented by the MQM with the help and collaboration of Election Commission of Pakistan (ECP) staff. It alleged that in Fata, it was implemented by the then governor Shaukatullah Khan with the help and collaboration of Election Commission and political staff. The JI alleged that all the mechanism process, devices and all the government officials who participated in the election process were directly in control of MQM in Karachi division and Hyderabad and in Fata the then Governor being the head of administration Fata, governor implemented the plan through his machinery/officials serving in Fata. Likewise, Mohajir Qaumi Movement (Afaq) in its reply alleged that MQM headed by Altaf Hussain living in London in collusion with law enforcing agencies as well as election staff made it impossible for its candidates including Chairman Afaq Ahmed even to launch election campaign.It contended that Mutahidda Qaumi Movement (MQM) implemented the plan of rigging with active help of the law enforcing agencies as well as the election staff.
