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Friday April 19, 2024

No fresh rigging evidence filed with Judicial Commission

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By Tariq Butt
April 30, 2015
ISLAMABAD: The Pakistan Tehreek-e-Insaf (PTI) filed with the Judicial Commission not a single piece of fresh evidence, material or proof in support of its charges of deliberate systematic manipulation in the 2013 general elections.
In its 11-page response to the three specific but elaborate questions put by the commission to all the 21 political parties two days back, the PTI solely relied on its 46-page submissions and proposals that it had handed over to the forum on April 15. It frequently referred to these submissions to back up its accusations.
Its reply did allege that the plan of poll rigging, prepared by the PML-N political cell, was implemented by and on behalf of its architects, supporters, accomplices, associates and cohorts, but did not identify any one of them. However, in the same vein, it claimed that the returning officers, presiding officers and other polling officials, elements of the election machinery and the bureaucracy were also co-opted into this design and they too aided, abetted and facilitated through acts or omissions its implementation.
The PTI reply also said that the onus to prove any allegation cannot be placed entirely on any political party or person and it was for the judicial forum to inquire and determine the answer to the questions listed in the presidential ordinance. Care needs to be taken to ensure that the onus for furnishing of evidence and material is not shifted to or placed wholly or primarily on the political parties.
It said the role of the PTI or of all other political parties raising poll allegations can’t and ought not to be construed or treated as that of a ‘prosecutor’ as this was neither the intent of the PTI nor is this consistent with the underlying letter, spirit and scheme of the ordinance itself or the inquisitional role and function of the forum.
The PTI also gave no new list of witnesses as desired by the questionnaire and said the “witnesses suggested by it are not its witnesses to whom summons will have to be issued by the commission to appear.”
It charged that the obvious objective of the PML-N’s ‘design’ of rigging was to win the elections at any cost. The heavy concentration of the plan was to illegally sweep the Punjab and Balochistan to secure its role for the next five years. The events following the 2013 elections are also relevant in this context.
Interestingly, by implication the PTI also involved the Pakistan People’s Party (PPP) in the PML-N political cell’s rigging plan when it said although other political parties and persons could have been part of this plan, as there appears to also be an element of quid pro quo on a provincial basis between certain parties in this regard.
The PTI reply expressed a kind of incapacity to have access to official documents for the reason that the Election Commission of Pakistan (ECP), and the PML-N for being in government at the federal level and in Punjab as well as in Balochistan through a coalition have control over the public records, which can only be available on an order of the commission. Being an opposition party in the National and Punjab assemblies, it doesn’t and can’t have access to the material and evidence to the three questions.
Since long PTI Chairman Imran Khan has been vigorously supporting opening of the ballot bags saying that the evidence of rigging lies in these sacks. In this connection, he has also supported the plea taken by PPP lawyer Aitzaz Ahsan before the commission suggesting inspection of the entire election record in phases, a task that, according to him, could be concluded in a few weeks.
Prime Minister Nawaz Sharif made a dig on the PTI chairman when he said before leaving London for Pakistan: What proof the PTI had if all the evidence of rigging was inside the ballot bags. “If all the evidence is in ballot bags, what do you have? They asked for vote recount in the past, but what happened was that we ended up winning by a bigger margin.”