ISLAMABAD: The Pakistan Tehreek-e-Insaf (PTI) on Monday claimed before the Inquiry Commission that it had extended maximum cooperation to the commission by providing documents, materials including CDs pertaining to rigging in the election and now identification of the material and evidence was its responsibility which is empowered to give its findings on the matter. A three-member General Election 2013 Inquiry Commission headed by Chief Justice Nasirul Mulk and comprising Justice Ameer Hani Muslim and Justice Ejaz Afzal Khan resumed hearing in the alleged systematic rigging in 2013 general elections. Commencing final round of arguments, PTI counsel Abdul Hafeez Pirzada submitted whatever occurred in the earlier elections, should not be made basis for reaching conclusion.The learned counsel contended that the issue related only to 2013 general elections on which the PTI had severe reservations about rigging with a clear stand that the ruling Pakistan Muslim League-Nawaz (PML-N) directly or indirectly influenced the election results. Abdul Hafeez Pirzada however, contended that the ECP had not only concealed the facts, but also suppressed the material.The learned counsel contended that the ECP was bound to discharge its constitutional function as enshrined in Article 218 of the Constitution stating that it would be ECP duty to organise and conduct the election making such arrangements as were necessary to ensure honesty, justice, fairness and rule of law in the exercise. “The ECP failure to assist the learned commission in the instant matter is extremely relevant to inquire as to how many orders, passed by the Commission was complied with in letter and spirit,” Pirzada said. The learned counsel pleaded that the Commission was required to make analysis of the evidence, identification of the material evidence relevant as to how much it was available and where it was. “These opportunities do not come every day when the task of probing election rigging has been assigned to the an Inquiry Commission headed by Chief Justice of Pakistan and other judges of the apex court”, Pirzada added. He further submitted that in order to reach conclusion, circumstantial evidence should be looked into if elections were not held in accordance with the Constitution.During the hearing, the learned counsel while reading out some of the portions of the Memorandum of Understanding (MoU) signed by the PTI and PML-N in September 2014 agreeing to constitute a high-powered Commission which was set up under an ordinance. He said that the powers of the learned Inquiry Commission were unlimited and it was for the Commission to determine as to whether the 2103 general elections were free, fair, transparent and independent or not. According to the agreement signed under the MoU, Pirzada said both the parties agreed if the rigging in 2013 general election proved, the assemblies would be dissolved and caretaker government would be set up with consensus for conducting fresh polls. He further recalled that in its reply submitted before the Inquiry Commission, the ECP submitted that it was wrong to put the responsibility over the Presiding Officers to provide Forms 15. Pirzada however, contended that the Form 15 determined the fairness and transparent aspect of the election. He said when they asked the ECP for Forms 15, it resorted to delaying tactics adding that later on, the learned Inquiry Commission had to issue directives to the ECP to do the needful. The learned counsel further submitted that the ECP delayed the process of submitting Forms 15 which the learned Commission needed to take into consideration.Meanwhile, the Inquiry Commission adjourned the hearing till today (Tuesday) wherein Abdul Hafeez Pirzada would conclude his arguments. Earlier during the start of proceedings, the Commission was informed that Shahid Hamid, counsel for PML-N would not be available for a few day due to the death of his close relative.The Commission also disallowed Tauqeer Sadiq, former Chairman Oil and Gas Regulatory Authority (OGRA), who appeared in-person and wanted to share some evidence of rigging of 2013 elections under Section 3 (6) of the Ordinance.“We don’t take individuals’ applications, thank you”, the Chief Justice told Tauqeer Sadiq.
