ET disposes of two applications by Imran

LAHORE: Election Tribunal Judge Kazim Ali Malik Saturday disposed of two applications of Pakistan Tehrik-e-Insaf Chairman Imran Khan, seeking re-inspection of polling record and action against inquiry commission head for his media talk that he had not found any bogus votes during the course of inspecting polling record.
However, the judge observed that the first plea of the PTI was premature at this stage of trial, saying he would make a microscopic examination of the inquiry commission’s report before finally concluding NA-122 election petition. The judge further observed that commission head Ghulam Hussain Awan had no legal or moral ground to give his opinion before the media, especially the matter that was yet to be decided by the tribunal. However, the judge did not issue any directions against the commission’s head and used the word disposed of for both the applications.
Meanwhile, Asjad Saeed, counsel of Ayaz Sadiq, requested the court to produce his client before the tribunal for recording his statement and cross-examination. The tribunal, while accepting the plea of counsel, issued direction to the National Assembly Speaker to appear before the tribunal at the next hearing on January 7. The tribunal has also disposed of an application of Ayaz Sadiq which had sought permission to witnesses against alleged fake oath commissioner who had attested affidavits of PTI’s polling agents. The tribunal disposed of this application by calling it premature.
The PTI has submitted an application seeking strict action against Ghulam Hussain Awan for serious breach of duty and trust, re-verification of report submitted by the commission as well as re-inspection of election record of 72 polling stations. The tribunal disposed of first application saying the commission head had no legal or moral ground to give his opinion before the media, especially on the matter that is yet to be decided, ignored the utterances by the commission before media persons.
The tribunal said that before pronouncement of the final order by this tribunal, the commission prejudged the election dispute and made statement before media persons that he did not find any fake ballot paper and that he did not notice rigging in the election. In view of the above said legal position, he just ignored the comments/utterances by the commission before the media persons being nullity in the eyes of law, the tribunal added. Responding to the petitioner’s other plea regarding re-inspection of certain (72) polling stations and re-verification of report submitted by the commission, he ordered it was premature at this stage.
The tribunal judge said that on conclusion of the trial he would make microscopic examination of the inspection report and other pieces of evidence in order to arrive at the truth. Needless to add that after the microscopic examination of inspection report prepared by the commission, if it is found to be vague or incomplete or deficient qua material points, the election tribunal will exercise all the powers vested in it to dig out the truth, orders further read.
On Saturday, PTI’s counsel Anees Ali Hashmi also submitted an application for comparison of handwriting of presiding officers (POs) on packing invoice, Form 14/15 and other forms regarding different polling stations are in the same hand whereas the signatures of POs of same polling stations on the above said forms are not similar to each other.
On this, the tribunal said that the election tribunal is competent to make the proposed comparison under Article 84 of the Qanoon-e-Shahadat order 1984. As the election tribunal has ample powers to resolve the controversy after comparison of the documents by itself, there is no need to refer the matter to any hand writing expert. The request for comparison of handwriting and signatures stands disposed of accordingly.
The judge also mentioned in his order that each copy of the documents provided by the Returning Officer (RO) has been examined minutely. He had compared the entries of this report with the documents furnished by the RO and have found Reader’s (court staffer) comprehensive report according to which the RO has not provided ballot paper account of 19 polling stations fully particularized in the statement.
The judge said that RO of NA-122 will be directed to provide attested copies of ballot papers account of 19 polling stations, filling which it would be presumed that the PO of 19 polling stations either did not submit ballot paper account with the RO or someone responsible for safe custody of the documents misplaced or misappropriated the same.
On Saturday, Ayaz Sadiq had to produce defense witnesses in his favor but he did not produce anyone before the tribunal. Ayaz’s counsel submitted before the tribunal that he did not want to examine any witness and the returned candidate would enter the witness box in support of his claim at next date of hearing, as he was presently in China on official tour. However, the tribunal judge fixed February 7 for statement of the returned candidate and his documentary evidence. The report, in the tribunal and upon reading of the report, said it became evident that the said commission was being careless with the purpose.