Judicial Commission Ordinance to override other laws

ISLAMABAD: The scope of inquiry for the Judicial Commission to be set up following the recent PML-N-PTI agreement would include three questions — whether the 2013 elections were manipulated or influenced pursuant to a systematic effort or by design by anyone.
The agreement, signed by the two sides, a copy of which is available with The News, deals with those issues which remained unsettled for months mainly because of differences in the scope of inquiry/terms of reference for the commission.
Document says the commission shall enquire into and determine whether or not “(a) The 2013 GE (General Elections) were organised and conducted impartially, honestly, fairly, justly and in accordance with law; and (b) The 2013 GE were manipulated or influenced pursuant to a systematic effort or by design by anyone; and (c) The results of the 2013 GE, on an overall basis, are a true and fair reflection of the mandate given by the electorate.”
Regarding the power of the judicial commission, the agreement said: “Subject to the Constitution, in the performance of its functions the commission may if it considers appropriate, examine and consider any document, material or evidence relating to the General Election 2013.”
As part of this accord between the two sides, the government will promulgate an Ordinance, which “shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force”.
It added: “The conduct of the inquiry, submission of its report and the exercise of its functions under the Ordinance by Commission shall not prejudice in any manner whatsoever any pending election petition relating to the General Elections 2013 or appeal arising therefrom or any orders passed in such petition or appeal or any proceedings thereof before any election tribunal or court, which shall all continue and be decided in accordance with the applicable law.”
The scope of inquiry, which has mainly been the bone of contention between the PML-N and the PTI for months, does not include any allegation against any individual or institution.The PTI has been alleging that the 2013 elections were rigged through a pre-planned conspiracy aimed at benefiting the PML-N by stealing the mandate of the PTI.
The Election Commission of Pakistan (ECP), the then caretaker governments particularly that of Najam Sethi-led Punjab setup, former Chief Justice Iftikhar Muhammad Chaudhry, Jang Group and Geo, Justice (R) Khalilur Rehman Ramday, Mian Nawaz Sharif etc. have been charged by the PTI with rigging the polls in favour of the PML-N. However, none of them has been named in the scope of the inquiry.