Commission throws ball in political parties’ court

ISLAMABAD: The judicial commission, inquiring into charges of deliberate systematic manipulation in the 2013 general elections, has once again thrown the ball in the court of political parties, which have alleged rigging in the 2013 general elections, to produce reliable and credible “material” in support of their accusations regarding organised rigging.
Twenty-one political parties, which have joined the proceedings claiming that their mandate was stolen as a result of rigging, are required to answer three specific but elaborate questions put by the commission, in two days before the forum resumes hearing on Wednesday. The queries are confined to the bounds of the presidential ordinance, which established the commission.
During the fourth hearing, similar questions to the parties, disputing the parliamentary polls, were the same: who made the plan/design to manipulate or influence the elections pursuant to a systematic effort by design by anyone; what was it and who implemented it?
However, whatever proofs and evidence regarding poll rigging the political parties have in their possession to establish their charges, they have to present to the commission in two days. But the forum stressed once again that it needs more material as required under the law.
So far, the commission has mostly been engaged in procedural matters with the focus being on urging the parties to bring evidence before it. It will begin regular proceedings only after gathering all the proofs the political parties will produce.
From Wednesday onward, the commission is likely to start reviewing whatever documents the parties have presented and would produce. It is also expected to take a decision on recording of depositions by the witnesses listed by them. The proceedings will thus be entering a conclusive phase.
The commission wants to complete its findings in 45 days as specified in the presidential ordinance. It noted in its questionnaire and in order to assist it as per its Terms of Reference (ToRs) written in section 3 of the ordinance and to enable it to adhere to the timeframe pursuant to section 7, each political party, which has filed an application before it, will file a concise written statement to the questionnaire.
Chief Justice Nasirul Mulk, who heads the three-member commission, said the ToRs were clear but replies of most political parties were not in accordance with these terms.Section 3 says the commission will inquire into and determine whether or not the elections were organised and conducted impartially, honestly, fairly, justly and in accordance with law; whether or not the polls were manipulated or influenced pursuant to a systematic effort by design by anyone; and whether or not their results on an overall basis are a true and fair reflection of the mandate given by the electorate. The forum will answer these questions in its findings.
Section 7 says the commission will submit its final report to the federal government as expeditiously as possible and preferably within forty-five days of its first sitting. It held its first public hearing on April 16 and will thus complete the timeframe of forty-five days on the last day of next month.
The commission also asked whether the “systematic effort” to manipulate the elections includes just National Assembly seats or the provincial assembly seats as well. If the National Assembly only, does it include all four provinces or just confined to certain provinces?
While answering this ticklish question, the Pakistan People’s Party (PPP) is unlikely to claim that massive electoral manipulation also took place in Sindh where it won the elections and made provincial government. But it will certainly assert that rigging happened in Punjab.
Similarly, the Pakistan Tehreek-e-Insaf (PTI) is unexpected to state that polls in Khyber Pakhtunkhwa (KP) also experienced rigging because it formed government in this province.
However, the PML-Q will definitely make an across the board assertion that the elections were manipulated all over Pakistan particularly in Punjab.