Answering specific questions almost impossible: experts

ISLAMABAD: Top legal brains of the country agree that after the Judicial Commission’s order to provide specific answers and evidence to the specific questions it has become almost impossible to establish systematic rigging in the general elections 2013.
It has become evident from the last few hearings that the Judicial Commission wants to move forward strictly in accordance with the Terms of References (ToRs) of the commission and its mandate. The Commission has given three deadlines to the political parties to submit evidence in line with these ToRs. It became evident on Monday that if a political party does not submit its answers and evidence as asked in the Judicial Commission’s questionnaire it would no more remain part of the proceedings of the commission.
Justice (retd) Wajihuddin Ahmed while talking to The News said it would be difficult for the political parties to prove systematic rigging after following the technicalities of the questionnaire.
“Both PML-N and PTI already have signed an understanding regarding the ToRs of the judicial commission therefore this questionnaire is not surprising and the commission has made its task easy. Instead of going into the details and technicalities, the political parties could provide sufficient evidence to the commission. All they need is to prove a certain pattern or method of rigging which shows similarities in the methods of rigging, commented Justice Wajih.
“Instead of going to technicalities of the questionnaire we should prove a certain pattern or similarities in the methods of rigging and follow article 218 which deals with ensuring the elections are held in accordance with the law, honestly, justly and fairly. This would make their task easy to prove that the elections were rigged otherwise it is difficult to prove it following the technicalities of this questionnaire,” commented Justice Wajihuddin.
When asked whether the recommendations of the commission have any binding effects on the political parties or not, he said it is true the commission’s recommendations would have no binding effects however there would be pressure on the government to implement it in letter and spirit.
He said this is not difficult to answer these questions as many political parties already have submitted evidence in the election tribunal and the forensic evidence of Nadra and if any pattern emerges from these sets of evidence then these lines should be followed.
Former chief justice Saeed-uz-Zaman Siddiqui while talking to The News said from the very first day he has argued that this commission would be a futile exercise as all political parties know it very well that they could not prove that this was a systematic rigging.
“No political party has any concrete evidence or credible witnesses who could prove that the May 2013 general elections were rigged in an organised manner. This is nothing but a well carved out plan of two parties to end confrontation by forming a judicial commission. The formation of judicial commission is outside the scope of the Constitution and there is no binding effect of this commission. Hence the only thing which the commission could do is to give its recommendations and it is up to the government and ECP to implement or not,” Justice Siddiqui commented.
He said the political parties have no such concrete evidence, which could prove that there was systematic rigging in the general elections.Advocate Salman Akram Raja while talking to The News said the issuance of questionnaire by the Judicial Commission is a right step to limit itself as per the ToRs of the commission. It is up to the political parties now to answer these questions.
When asked if it would not be a difficult task to submit specific answers of these specific questions as how could one prove the systematic rigging in general elections, Mr. Raja said the legal teams of the political parties must have done their homework on it.