ISLAMABAD: Reprimanding the caretaker government, the Islamabad High Court (IHC) on Friday said that a “terrible system” was prevailing in the country and questioned the caretaker government’s neutrality for denying pre-election consultations between the PTI top leadership.
“A terrible system is prevailing under the caretaker setup that even doesn’t allow consultation for elections,” Justice Miangul Hassan Aurangzeb remarked, raising doubts over the government’s intentions towards the conduct of the upcoming polls slated for February 8.
“Does the caretaker government want to derail the elections?” he asked.
The judge’s query came during the hearing of a plea filed by Pakistan Tehreek-e-Insaf (PTI) Chairman Barrister Gohar Khan and other lawyers, seeking a meeting with the party’s founder Imran Khan in jail.
The lawyers argued that the legal team wanted to consult Khan over the decision to distribute 700 party tickets, as polls approach. Taking notice of the plea, the judge permitted them to meet Khan for consultations and subsequently disposed of the petition.
The court, in its order, directed that the PTI founder should be allowed to meet the party’s chairman under the supervision of Adiala Jail superintendent. “Allowing consultation for elections is a fundamental right,” the court main tained, adding that the party possesses the right to consult the founder over tickets. He also asked the caretaker government to remain neutral in elections.
The court added that the opposition to the PTI founder and chairman’s consultation raises questions over the neutrality of the government.
The additional attorney general and Adiala jail superintendent also appeared in court. Both the attorney general and advocate general objected to the plea, inviting the court’s ire. “Was the additional note from the Supreme Court not enough for you? After the Supreme Court, do you want me to write a note against you?” Justice Aurangzeb asked, slamming both the government representatives. The judge said the attorney general and advocate general’s office represent the caretaker government and should stay impartial.
Meanwhile, the Election Commission of Pakistan (ECP) decided to file a review plea in the Peshawar High Court (PHC) against the single-bench verdict, following its three consecutive days of deliberations over the restoration of PTI election symbol by the high court.
According to sources, the option of directly moving the Supreme Court was also discussed besides the option of waiting for the outcome of PHC’s two-member bench’s proceedings. However, it was finally decided to file a review petition in the PHC, which is slated to hear the case again on January 9.
To this effect, all concerned, including the ECP, are on notice to appear before the bench the next month. While releasing its order, the PHC single bench had asked the electoral body to publish the PTI’s intra-party elections certificate on its website and restore the party’s election symbol before the hearing.
In a related development, the ECP amended the schedule for the candidates on reserved seats, extending the last date for scrutiny of their nomination papers from Dec 30 to January 13, subject to the outcome of the petition pending before the PHC. “In partial modification to the commission’s notification of even number dated December 22, 2023, and in exercise of powers conferred upon it under Sections 58 and 104 of the Elections Act, 2017, the Election Commission is pleased to revise various stages of election programme for the general elections to the extent of the reserved seats for women and non-Muslims in the National Assembly and provincial assemblies of Punjab, Sindh, Khyber-Pakhtunkhwa and Balochistan…,” says a notification.
As per the Election Commission’s schedule, January 13 is the last date for allocation of election symbols to political parties and taking away the poll symbol from the PTI would result in depriving it of reserved seats for women and minorities in the National and provincial assemblies.
As per the amended schedule, January 16 will be the last date for filing appeals against rejection or acceptance of nomination papers by the returning officers. January 19 has been set as the last date for the appellate tribunal to decide the appeals and the revised list of candidates will be published the following day. January 22 is the last date for withdrawal of candidature and the list of contesting candidates will be published on January 23.
Meanwhile, the ECP replaced a judge of the Lahore High Court (LHC) i.e. Justice Faisal Zaman Khan as appellate tribunal to hear appeals against acceptance or rejection of nomination papers of candidates for reserved seats for women and non-Muslims in the National Assembly from Punjab and Punjab Assembly from Punjab, and appointed Justice Farooq Haider in his place.
Moreover, as per another notification, Justice Mirza Viqas Rauf, a judge of the LHC (Rawalpindi bench), has been appointed as an appellate tribunal for the disposal of appeals against the decisions of the returning officers in the National and provincial assembly constituencies of Rawalpindi, Attock and Murree, replacing Justice Jawad Hassan.
The ECP also issued a code of conduct for the national media for coverage of the general election. According to the code, the content floated on the print, electronic and digital media should not reflect any opinion prejudicial to the ideology, sovereignty, dignity or security of Pakistan, public order or the integrity and independence of the judiciary and other national institutions.
It said that the allegations and statements which might harm national solidarity or create law and order situation should be strictly avoided in the media. The content on print, electronic or digital media should not include any aspect which might be construed as a personal attack on candidates or political parties based on gender, religion, sect, or biradari.
It further said the government and law enforcement agencies should provide due protection to media persons and media houses to maintain their freedom of expression as their fundamental right. No print, electronic or digital media should run campaigns of candidates and political parties at the cost of public exchequer. It further said that the journalists should launch civic and voter education programmes, which should be inclusive, especially focusing on marginalized groups such as women, transgenders, youth, minorities and differently-abled persons to maximise voter turnout.
In a relevant development, objections were submitted against PMLN Senior Vice President and Chief Organizer Maryam Safdar in PP-80 Sargodha constituency. An application was submitted by Ali Hassan Shah, Advocate, to the returning officer. He said that Maryam Nawaz had been convicted in different cases, and she did not fulfil the criteria set under articles 62-63 of the Constitution. He said that her signatures on the nomination papers were fake and she had not mentioned all her assets. He requested the returning officer to reject Maryam’s nomination papers.