Polling process made difficult to deprive Pak expats of right to vote: SC

ISLAMABAD: The Supreme Court of Pakistan on Wednesday observed that the polling process had been made difficult to deprive overseas Pakistanis of their right to vote in the elections.

A three-member bench of the apex court, headed by Justice Ijazul Ahsen, heard identical petitions filed by former prime minister and Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan and former interior minister Sheikh Rashid Ahmed seeking the right to vote for overseas Pakistanis.

The bench observed that the matter relates to basic constitutional rights and was a matter of public importance. It issued notices to the Election Commission of Pakistan (ECP), attorney general and National Database and Registration Authority (Nadra) for assisting the court.

During the course of hearing, Justice Ijazul Ahsen observed that the right to vote to overseas Pakistanis has not been abolished. But he said the problem is about the procedure; whether Pakistanis living abroad will come to Pakistan for casting their votes or they would cast their votes from their resident countries.

“Prima facie, the process of the voting process has been made difficult to prevent the overseas Pakistanis to cast their votes during the general elections,” Justice Ahsen observed.

Arguing before the court, Arif Chaudhry, counsel for one of the petitioners, submitted that the apex court in its decision had allowed the overseas Pakistanis to exercise their right to vote. He contended that the amendment made in the Election Act was a clear violation of the court’s order.

The counsel further submitted that on the direction of the Supreme Court, Nadra had developed a system and used it in the by-polls on an experimental basis.

The counsel submitted that the ECP and Nadra should provide assistance to the court as to whether the system already developed for the voting process was quality based or not.

Meanwhile, the court issued notices to the attorney general, Nadra and ECP for assistance and adjourned further hearing for two weeks.

In his petition, Imran Khan had prayed the apex court to declare that Section 94(1) of the

Elections Act 2021 remains the existing law and that all institutions “especially the ECP and Nadra, are bound to act in accordance with it.”

He had also prayed the apex court to direct the ECP and all relevant authorities to take necessary steps to provide the overseas Pakistanis the right to vote in all future elections from their country of residence.