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Thursday March 28, 2024

Commission on rigging may take three more weeks

ISLAMABAD: The three-member Judicial Commission, which is looking into the charges of deliberate systematic manipulation in the 2013 general elections, may take approximately three more weeks to conclude its inquiry, considering the remaining work it has to do, writes Tariq Butt.The initial 45-day timeline, as provided in the presidential ordinance,

By our correspondents
May 25, 2015
ISLAMABAD: The three-member Judicial Commission, which is looking into the charges of deliberate systematic manipulation in the 2013 general elections, may take approximately three more weeks to conclude its inquiry, considering the remaining work it has to do, writes Tariq Butt.
The initial 45-day timeline, as provided in the presidential ordinance, has expired, but the commission faces no legal hurdle in continuing its job till it is finished.The forum held its first meeting on April 9 and thus completed 45 days on May 23. Section 7 of the ordinance 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 meeting.
There is no requirement of an official notification extending the timeframe. Prime Minister Nawaz Sharif’s legal aide Ashtar Ausaf Ali holds the same view and says the commission has the power to extend the period.
It appears that the forum has completed most of its work particularly elaborate process of cross-examination of over half a dozen witnesses. Although these question-answer sessions still continue, arguments of the lawyers that will start afterwards will be a time-consuming exercise.
No political party, which is part of the judicial proceedings, has any objection to the extension of time by the body to accomplish its job. Even the Pakistan Tehreek-e-Insaf (PTI) feels no problem if the hearings of the forum go beyond the stipulated time.
However, during talks with the government, the PTI had insisted on giving only thirty days to the commission while the other side held the view that the inquiry would not be possible within such time.
The government stressed that the timeframe should be left to the commission. After of several lengthy tough sessions, it agreed to fix 45 days time. The ordinance has the initial life of 120 days. It was issued on April 3 this year and will expire on August 2. By that time, the commission will certainly conclude its job.
It is mandated to inquire into and determine whether or not the 2013 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 the results on an overall basis are a true and fair reflection of the mandate given by the electorate.
The commission has the powers of criminal and civil court. It can summon any person or authority to furnish information or documents on such points or matters as in its opinion may be useful for or relevant to the subject matter of the inquiry.
The forum has the same power as the Supreme Court to punish any person who abuses, interferes with or obstructs its process in any way or disobeys its order or direction; scandalizes it or any of its member or otherwise does anything which tends to bring them into hatred, ridicule or contempt; and does anything which tends to prejudice the inquiry or determination of any matter pending before it or does any other act, deed or thing which under any other law constitutes contempt of court.
However, fair comment made in good faith and in public interest on the final report after the completion of the inquiry will not constitute contempt of the Commission. It has the power to regulate its own procedure including the fixing of place and time of its sittings.