Overseas Pakistanis’ right to vote: How can SC annul Elections Act after validating it, asks judge

ISLAMABAD: The Supreme Court of Pakistan on Friday sought a comprehensive report from the Election Commission of Pakistan (ECP) on steps to ensure the right of vote to overseas Pakistanis.

A three-member bench of the court, headed by Justice Ijazul Ahsan and comprising Justice Munib Akhtar and Justice Mazahir Ali Akbar Naqvi, heard petitions of Pakistan Tehreek-e-Insaaf (PTI) Chairman Imran Khan and former Interior Minister Sheikh Rashid Ahmed for voting rights to overseas Pakistanis. The Election Commission of Pakistan law officer submitted that a report of steps taken for the right to vote to overseas Pakistanis had been prepared, however, technical issues could not be presented before the court. The officer sought some time for removing technical glitches but informed the court that the report would contain all details.

Justice Munib Akhtar observed the Parliament had enacted the Election Act in 2017 for the right, adding that Section 94 of the Act was very much clear. The judge observed that in 2018, the Supreme Court, after examining Section 94 of the Act, had declared it constitutional. “In 2021, the law was further improved, however, in 2022, the parliament again restored Section 94 of the Act to its original status. Now the question arises that when the Supreme Court had declared the Act as per the Constitution, then how it could declare it illegal,” he questioned.

Arif Chaudhry, counsel for Dawood Ghaznavi, submitted that casting vote was the basic right of people, adding that after the 2021 Amendment, the Election Commission of Pakistan had exercised an pilot project for right of vote to overseas Pakistanis but halted the project after the amendments were abolished. He submitted that according to the National Database and Registration Authority (NADRA) if the ECP had signed an agreement then the I-voting system could have developed, adding that in the past too, the NADRA sought one year for establishing the system but on the direction of the Apex Court it had developed the I Voting system in six months. The counsel recalled that during by-elections in 2017, the system was run as a pilot project and nobody raised any objection to it.

The judge, however, told the counsel that his client’s petition had ben dismissed by the Islamabad High Court, adding that the law challenged by his client had already been examined by the Apex Court.

Meanwhile, Aziz Bhandari, counsel for PTI Chairman Imran Khan, who appeared before the court through video link from the Lahore Registry, said the matter of his client was quite different as they wanted implementation of the right of vote to overseas Pakistanis in the light of the 2014 judgment of the Supreme Court.

Justice Munib Akhtar, however, observed that the 2017 Act had been enacted in the light of the court’s 2014 judgment. Justice Ijazul Ahsan observed that the matter pertained to implementation of the court judgment of 2014, while the stance of the petitioner, Dawood Ghaznavi, was that the 2022 Act was unconstitutional.

Arif Chaudhry, counsel for Dawood Ghaznavi, submitted that the Election Commission had not worked on the pilot project again. Justice Ijazul Ahsan said let the Election Commission submit a reply, adding that once the reply was filed then implementation would be also be examined.

Later, the court sought a report from the Election Commission on steps taken so far for ensuring the right of vote to overseas Pakistanis besides asking the counsel for PTI Chairman Imran Khan and Sheikh Rashid Ahmed to file their respective replies on the next date of hearing on questions raised in the issue and adjourned the hearing for an indefinite period.