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Thursday March 28, 2024

PTI moves SC for right of vote to expatriates in forthcoming polls

By Sohail Khan
January 18, 2018

ISLAMABAD: PTI Wednesday requested the Supreme Court to declare the overseas Pakistanis citizens of Pakistan, and it is their fundamental right to utilise their right of franchise whether in Pakistan or abroad.

PTI Chairman Imran Khan along with other party office- bearers filed a petition in the Supreme Court under Article 184(3) of the Constitution through his counsel Faisal Fareed Hussain and prayed the apex court to direct the respondents including the ECP to allow the overseas Pakistanis to cast their precious vote in the forthcoming general elections.

Imran filed the instant petition before the chief justice the other day and had asked his counsel Anwar Mansoor Khan to file a separate petition instead of filing an application for becoming a party in the petition, seeking right of vote to the overseas Pakistanis in the forthcoming general elections.

The chief justice had observed that PTI which received most of the donations from the expatriates had done nothing for their rights in the Parliament. However in his petition, the PTI chairman prayed the apex court to implement the apex court judgment titled Imran Khan vs federation of Pakistan and reported as Ch Nasir Iqbal vs federation of Pakistan PLD 2014 Supreme Court 72 in letter and spirit, and take all necessary steps in this connection before the forthcoming general elections without any further loss of time.

He claimed that the apex court while deciding the petition in their favour and other petitioners as well observed that the ECP should make all possible efforts to achieve the object so that the expatriates may also participate in the general elections in exercise of their fundamental rights conferred under Article 17(2) of the Constitution of the Islamic Republic of Pakistan, 1973.

Imran further submitted that the apex court also observed that overseas Pakistanis enjoyed the right to participate in election process in terms of Article 17 of the Constitutionbeing dignified citizens of country -though residing outside the territory of Pakistan, such citizens could not be denied right of vote on technical grounds ie logistic arrangements made outside the country for casting their votes - once having recognised that the facility could be extended to expatriates to exercise right of franchise, further efforts/input of ECP was required to achieve the object in forthcoming elections conveniently.

Imran contended that the Election Act 2017 was passed by the National Assembly on October 2, 2017, in a hurry, when the PTI walked out in protest that the electoral reforms proposal given by the PTI were not accepted nor incorporated in the bill.

He submitted that PTI’s proposed amendments viz-a-viz the voting right of overseas Pakistanis along with other proposed amendments were not made part of the final draft approved by the committee therefore the PTI never signed the final draft of the final report of the committee.

He sought indulgence of the apex court in a matter of national importance directly affecting the fundamental rights of the people of Pakistan in general and the overseas Pakistanis in particular and against the respondents to comply with the judgment of the Supreme Court and their failure to discharge their statutory functions.

“The constitutional jurisdiction of this court has sufficient authority and power to give appropriate direction for vindicating the right of franchise to the overseas Pakistanis,” Imran submitted, adding that the respondents have not made appropriate arrangements for enabling the overseas Pakistanis to cast their vote.

He contended that the citizens of Pakistan working abroad, residents or otherwise living abroad are contributing to the development of Pakistan by their hard earned assets and are involved in strengthening the economy of Pakistan by remitting foreign exchange back home.

In 2017, overseas Pakistanis added $19.3 billion to the country’s foreign exchange coffers through home remittances, which is nearly six percent of Pakistan’s GDP, a significant contribution to its economy. That many developed/ undeveloped countries in the world like Russia, Italy, Indonesia, Australia, the US, the UK, India, Afghanistan, Iraq etc do recognise the right of vote to their citizens residing abroad.

“Unfortunately, overseas Pakistanis have been deprived of exercising their right of franchise mainly on account of inaction and non-performance of the duties cast on the state organs and functionaries directly responsible for making provisions for affording the right of franchise to the citizens of Pakistan residing abroad,” he contended.

 The PTI made federation of Pakistan through the secretary, ministry of law, justice and parliamentary affairs, secretary Election Commission of Pakistan, secretary, interior ministry and Nadra chairman respondents.