PTI to face embarrassment if rigging charges not proved

ISLAMABAD: In the wake of the quick formation of a three-member judicial commission (JC) by Chief Justice of Pakistan Justice Nasirul Mulk under his chairmanship, the Pakistan Tehreek-e-Insaf (PTI) has now increased responsibility and onus to furnish it with solid evidence to back up its countless charges of rigging in the 2013 general elections that it has been whipping up for months, writes Tariq Butt.
This is not an easy job. Accusing is quite convenient but proving allegations before a judicial body is an uphill task. Every paper that will be presented before the commission and every assertion that will be made before it will have to be supported by credible documents.
PTI Chairman Imran Khan has reiterated for innumerable times that he has unimpeachable proofs of poll manipulation. This is the time to unfold evidence before the commission so that it stand the scrutiny of law. If he is successful to convince the forum, Prime Minister Nawaz Sharif will step down and call fresh elections after dissolving the National Assembly.
This is what Imran Khan ultimately dreams that he can now translate into reality. But if he failed, he will be hugely embarrassed. His whole campaign against the previous elections would turn out to be fake and cooked up.
The PTI chief will be required to prove that the Election Commission of Pakistan (ECP) illegally printed seven million ballot papers from Urdu Bazaar, Lahore, to rig the elections; the returning officers (ROs) manipulated the polls; the Geo/Jang Group was part of the conspiracy to defeat the PTI; Iftikhar Muhammad Chaudhry, as Supreme Court Chief Justice, and Khalilur Rehman, as judge of the apex court, influenced the polls etc. The list of allegations goes on.
The commission has a specific scope of inquiry. According to it, the forum will inquire into and determine whether or not the elections were organized and conducted impartially, honestly, fairly, justly and in accordance with law; whether or not the polls were manipulated or influenced pursuant to a systematic effort by design by anyone; and whether or not their results on an overall basis are a true and fair reflection of the mandate given by the electorate.
However, even before the commission was established, it was challenged in the superior courts. A petition has been filed by Barrister Zafarullah in the Lahore registry of Supreme Court, stating that several inquiry tribunals have already been constituted to investigate alleged rigging in elections and many of them have held proceedings and verdicts in some cases have been reserved.
The petition argued that the formation of the commission was against the Constitution and, therefore, the court should annul the General Elections-2013 Inquiry Commission Ordinance 2015.
The Lawyers Foundation for Justice (LFJ) has also filed a petition against the setting up of the commission. It stated that the ordinance was in violation of Article 225 of the Constitution. It pleaded that it appeared from the chronology of events during the four months of sit-in by the PTI that the political party forced the government to enter into some kind of agreement, which resulted in issuance of the ordinance.
The LFJ said that the ordinance was the result of show of force which amounted to subverting and undermining the Constitution. It said that in light of the Supreme Court judgments, the election matters could only be raised in tribunals.
Under the ordinance, the commission has the powers to punish any person who abused, scandalized or ridiculed it. Section 3 says the commission will have the same powers as the Supreme Court to punish any person, who abuses, interferes with or obstructs its process in any way or disobeys its order or direction; scandalizes it or any of its member or otherwise does anything which tends to bring it or any of its member in relation to his office into hatred, ridicule or contempt.
Any person, who does anything which tends to prejudice the inquiry or determination of any matter pending before the commission or does any other act, deed or thing, which, under any other law, constitutes contempt of court, will qualify for punishment.
However, fair comment made in good faith and in public interest on the final report after the completion of the inquiry will not constitute contempt of the commission.The commission is empowered to take assistance even from the ROs, who were drawn from the subordinate judiciary, because they were then performing executive, not judicial, functions. The ordinance says a public servant who was appointed by or assisted the Election Commission of Pakistan (ECP) in respect of the organization or conduct of the polls will be deemed to be an executive authority.
Room for seeking assistance from premier military spy agencies has been provided in the ordinance, but it will all depend on the discretion of the commission. Section 6(2) says the commission is empowered to form one or more special investigation teams consisting of officers from the relevant executive authorities, including but not limited to, the Federal Investigation Agency (FIA), the National Database & Registration Authority (Nadra), the Inter-Services Intelligence (ISI), the Military Intelligence (MI) and the Intelligence Bureau (IB) for the purpose of assisting it in its inquiry.