Rigging probe: PM receives opposition Jirga’s TORs

ISLAMABAD: Prime Minister Nawaz Sharif has received the proposed draft of five-point terms of reference (TORs) prepared by the opposition jirga to remove the stumbling blocks in negotiations for formation of the judicial commission to probe allegations of rigging in the 2013 general elections.
The text of the draft received on February 07 by the prime minister stated that the judicial commission would be headed by a judge of the Supreme Court with two members from any high court to investigate the charges levelled by the PTI claiming massive rigging/manipulation in the general elections 2013.
The draft that was duly signed by all three members of the opposition jirga including the JI chief Sirajul Haq, Senator Rehman Malik and MNA GG Jamal carried the hope by all these members that it may become the basic document for constitution of the judicial commission.
Five TORs given in the proposed draft that sets the scope of the judicial commission are the following.
(i) The judicial commission shall investigate the allegations of rigging as alleged by the complainants/media reports.
(ii)(a) The complainant will have the option to present evidences to prove his/her claim to the judicial commission.
(b) The judicial commission shall investigate the allegations of rigging against the caretaker set up with the view to benefit a particular party/candidate.
(c) The judicial commission shall recommend legal action against those who abetted the rigging, if any.
iii) The commission shall be able to co-opt the services of any law enforcement agency to investigate alleged rigging.
iv) (a) The proceedings of the judicial commission shall be open and not in camera.
(b) The outcome of the judicial commission shall be made public within the period of three months.
v) The government shall be bound to act on the findings of the said judicial commission.
In their note, the members of the opposition jirga also hoped that these TORs would also resolve the issue of definition of rigging and provide an opportunity to the judicial commission to have transparent investigation satisfying both the parties.
Meanwhile, both the PML-N and PTI have suggested three provisions each into draft ordinance to form the judicial commission regarding scope of inquiry, powers of commission and ordinance and implementation of other existing laws.
The texts of the drafts prepared by both the parties are available with The News that show a clear difference of opinion between these parties when it comes to formation of the judicial commission.
Efforts are being made to resume talks between the PML-N and PTI to ponder over both the draft provisions and develop consensus to come up with a unanimously approved draft of the ordinance to constitute the judicial commission.
There are three each draft provisions by the PML-N and PTI and here is the text of those provisions.
(1) Scope of Inquiry
PTI’s draft states “The commission shall enquire into and determine whether or not (a) the 2013 general elections were organised and conducted impartially, honestly, fairly, justly, and in accordance with law; (b) the 2013 general elections have been manipulated or influenced by anyone; (c) the results of the 2013 general elections, on an overall basis, are a true and fair reflection of the mandate given by the electorate.
The PML-N’s draft states, “The commission shall enquire into and determine whether it has been established that on an overall basis and by design; (a) the 2013 general elections were not organised and conducted impartially, honestly, fairly, justly and in accordance with law; and (b) the 2013 general elections have not been manipulated or influenced pursuant to a systematic effort by anyone; and (c) the results of the 2013 general elections, on an overall basis, are not a true and fair reflection of the mandate given by the electorate.
(2) Powers of Commission
The PTI’s draft says, “In the performance of its functions nothing in this ordinance or in any other law for the time being in force shall preclude the commission from examining and considering any document, material or evidence submitted in any election petition relating to the 2013 general elections or appeal therefrom.
The PML-N’s draft says, “Subject to the commission, 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 elections 2013.
(3) Ordinance to override other laws
The PTI’s draft maintains, “(1) subject to sub-section (2), the provisions of this ordinance shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force; (2) 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 PML-N’s draft maintains, “(1) subject to sub-section (2) and (3), the provisions of this ordinance shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force. (2) 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. (3) Notwithstanding, anything inconsistent contained in this ordinance the relevant laws, the provisions of the Constitution and rules under which elections 2013 conducted shall continue to determine, interpret and govern the said elections.”