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Thursday March 28, 2024

Corrupt practices in Senate polls: SC expresses dissatisfaction with ECP report

By Sohail Khan
February 17, 2021

ISLAMABAD: The Supreme Court (SC) Tuesday expressed dissatisfaction over the report submitted by Secretary Election Commission of Pakistan (ECP), and directed Chief Election Commissioner to appear in the court on Wednesday (today) after deliberating over the mechanism for discouraging the corrupt practices in the upcoming Senate elections.

A five-member apex court bench, headed by Chief Justice Gulzar Ahmed, and comprising Justice Mushir Alam, Justice Umar Ata Bandial, Justice Yahyah Afridi and Justice Ijazul Ahsan, resumed hearing in the presidential reference.

“Something has to be done and you cannot remain a silent spectator as you are expressing as a body and independent person,” Chief Justice Gulzar Ahmed told Chief Election Commissioner Sikandar Sultan Raja.

The court the other day had summoned the CEC along with his staff and complete scheme for discouraging the corrupt practices in the upcoming elections of the Upper House of the Parliament. Chief Justice Gulzar Ahmed, in his order, had noted down that general perception was that the corrupt practices were rampant in holding of Senate elections and to remove such a perception, the Election Commission had not devised any scheme in this regard,” the CJ noted down in the order.

On Tuesday, CEC Sikandar Sultan Raja appeared before the court along with his other staff as well as counsel for the ECP. The CJ called the CEC to rostrum and asked him as to what he had in response to the questions, posed by the court.

“We have submitted a report wherein there is a mechanism guard against corrupt practices as enshrined in the Constitution under Article 218(3) and ensuring transparent elections,” the CEC replied, adding that Chapter 10 of the Election Act completely deals with matters of corrupt practices if reported in elections and any other as well. “There is no penal criminality against a lawmaker violating the party line, then what is your obligation in this regard,” Justice Mushir Alam asked the CEC.

“We had asked you as to what steps you have taken against those found involved in corrupt practices and how you will ensure as you are required to fulfil your constitutional obligation,” Justice Ijazul Ahsen asked the CEC.

The CEC submitted that they had strengthened the election process, but the CJP interrupted, saying it’s a routine work to do.

“Tell us what is your function and have you devised any mechanism to discourage the corrupt practices,” the CJP asked the CEC.

The CEC, however, again said that they had established digital services in the ECP as well as provincial offices.

“The Chief Election Commissioner understands the depth of what we are talking about, and why don’t you understand,” the CJP asked the CEC.

Justice Yahya Afridi asked the CEC as to whether they have devised any mechanism to stop corrupt practices.

The CEC replied that they had done lots of things.

“You should give us that in writing,” Justice Afridi told the CEC.

Meanwhile, when the counsel for Election Commission repeatedly attempted to say something, Justice Ijazul Ahsen asked him why he was in hurry. “I am warning you; let him (CEC) speak as we have summoned him to assist us. “Hold your horses,” Justice Ahsen told the lawyer.

Justice Yahya Afridi asked the CEC as to whether the ECP had evolved a policy for discouraging corrupt practices in the Senate election.

“You have to think and keep in mind that you are independent; have a constitutional mandate; therefore, you don’t need to look anywhere,” Justice Yahya Afridi told the CEC.

Justice Ijazul Ahsen observed that bribery, vote buying and selling and undue influence during the election process were also part of the corrupt activities.

The judge maintained that it was the constitutional obligation of the ECP to stop corrupt activities prematurely and ensure conducting elections fairly, justly, honestly and guard against the corrupt practices in the elections.

The CJP observed that it was a general perception that votes were sold in the Senate elections. “So what you have done to discourage this practice,” the CJP asked the CEC.

Justice Ahsen asked the CEC about the real meaning of secrecy of vote?

Justice Yahya Afridi asked the CEC as to whether they have consulted each other on the issue of secrecy.

Justice Afridi asked as to how corrupt practices in the election could be prevented and what mechanism he had in that regard.

The judge asked as to whether it was a secret to keep the ballot papers secret, then show it in the law, adding as to whether it is possible to trace them?

The CEC, however, said if that was done, the sanctity of vote’s secrecy would be lost. “Show us where it is mentioned in the law,” Justice Ahsen again asked the CEC.

The CEC said that they hide the voter’s identity and there is no mark or serial number. He submitted that if the serial number is written, the voter’s identity will be revealed.

“We are not asking you to disclose your identity but we are asking how the sale of votes will be determined,” Justice Ahsen asked the CEC.

The CEC contended that the identity of the voter was confidential which could not be disclosed in any case, adding that if the identity was not kept secret, then the court should tell.

The CEC contended that if the identity was to be disclosed, then the Constitution would have to be amended. Justice Ijazul Ahsen said the court was not saying to open [the ballot].

Justice Umar Ata Bandial observed that now affidavits were being submitted with the nomination papers by the candidates, promising they were not any bank or tax defaulters, etc.

Similarly, Justice Bandial said usually complaints were being filed with the election tribunals against Members for the National Assembly as well as provincial assemblies in many matters. “Tell us whether you have received any complaint regarding bribery, and if you have, what action you have taken so far,” Justice Bandial asked the CEC.

The CEC, however, replied that they were starting and they had record.

Justice Yahya Afridi told the CEC that the court wanted to hold the constitutional body, the Election Commission, responsible for preventing the corrupt practices. “We want to support you in preventing such practices, not only in the upcoming elections but for all times,” Justice Yahya Afridi told the CEC.

During the course of proceedings, the CEC submitted that they were also examining the video case recently got viral, adding that they came to know after it came to the fore.

It’s very unfortunate that the incident took place in 2018 and the ECP was ignorant about it so far, the court remarked.

“The whole country knew it but you came to know about it now,” Justice Ahsen told the CEC.

Meanwhile, Attorney General Khalid Javed submitted before the court that although the court had asked the ECP to submit a scheme for discouraging corrupt practices, he had also devised a roadmap and the ECP should take it into account.

Again the CJP observed that every day there was talk about elections, the people of Pakistan were looking towards the Election Commission, “but we don’t know what the Election Commission is doing in response of any complaint and what they are waiting for?”

The CEC, however, replied that they fulfil their constitutional obligations and take action whenever any complaint was received.

In pursuance of court’s direction, former chairman Senate Raza Rabbani told the court the Election Commission, having the constitutional mandate, was an independent body required to fulfil its constitutional obligation by conducting the lections fairly, justly and honestly. He submitted that although the government, through the Attorney General, had presented a roadmap for the ECP, there were also other stakeholders in the case; hence, the ECP would certainly be required to take all other stakeholders, political parties, connected with the present case on board as it might be difficult for other stakeholders to agree with the roadmap proposed by the learned Attorney General.

The CJP, however, said the Election Commission should fulfil its constitutional responsibilities. The chief justice recalled that all parliamentarians and leaders of political parties had admitted in their speeches that there should be transparent elections.

The AG submitted that he was not giving any proposal, but just deliberated upon the mandate of the ECP given to it by the Constitution under Article 218(3).

Meanwhile, the court directed the CEC to deliberate upon court’s queries and come up with a plan on Wednesday (today).