Pakistan's national assembly scraps poll law changes for EVMs, I-voting

ISLAMABAD: The National Assembly on Thursday passed the Elections (Amendment) Bill 2022 to do away with amendments made by the last government to the Elections (Amendment) Act 2017 with regard to use of Electronic Voting Machines (EVMs) and I-voting.

The Elections (Amendment) Bill 2022, after becoming an Act, will envisage conducting pilot projects by the Election Commission of Pakistan in by-elections before using i-voting and Electronic Voting Machines in the general elections.

Addressing the House, Law Minister Azam Nazeer Tarar rejected the impression that the amendment was aimed at depriving overseas Pakistanis of their right to vote. He said the ECP might conduct pilot projects for voting by overseas Pakistanis in by-elections to ascertain technical efficacy, secrecy, security and financial feasibility of such voting and would share the results with the government. He said overseas Pakistanis were a precious asset of the country and the government did not believe in snatching their right to vote.

On Electronic Voting Machines, he said the coalition government was not against the use of technology, but had concerns about the misuse of technology as the Results Transmission System had failed in the last general elections, favouring a particular political party.

He said the ECP had also expressed its inability to hold elections through i-voting and EVMs in a short span of time and without proper homework. He said two amendments were being brought to revive the Elections Act 2017, enabling the ECP to ensure free, fair and transparent elections.

Ghous Bux Mehar of the Grand Democratic Alliance (GDA) opposed the legislation, saying the last government got the Elections (Amendment) Bill passed by the National Assembly and then the joint sitting of parliament with a majority.

Under the amendment to Section 94 of the Election Act 2017, the commission may conduct pilot projects for voting by overseas Pakistanis in by-elections to ascertain technical efficacy, secrecy, security and financial feasibility of such voting and will share the results with the government which, within 15 days from the commencement of an NA session after the receipt of the report, will lay the same before both the houses of parliament. Under an amendment to Section 103 of the Election Act 2017, the ECP may conduct pilot projects for utilization of EVMs and biometric verification system in by-elections.

The National Assembly also passed the National Accountability (Second Amendment) Bill 2021 to make various amendments to the National Accountability Ordinance 1999. According to an amendment to Clause 1 of the bill, the Act will come into force at once and will be deemed effective from the date of commencement of the NAB ordinance. The amendment was moved by PMLN MNA Mohsin Shahnawaz Ranjha on behalf of Shiza Fatima, Shahida Akhtar Ali and others.

According to details, the NAB deputy chairman will be appointed as acting chairman on the retirement of NAB chairman. The power to appoint the deputy chairman will rest with the federal government. However, in the absence of deputy chairman, the most senior officer of the NAB will take over as NAB chairman. The retiring chairman will not be re-appointed to the same post. Accountability courts’ judges will be appointed for three years and a judge could be removed only after consultations with the chief justice of the related high court. Timing for filing an appeal against the verdict of an accountability court has been increased from 10 to 30 days.

Law Minister Azam Nazeer Tarar, while giving details of the amendment bill, said the legislation was meant to do away with the draconian clauses of the NAB Ordinance due to which public office-holders sitting inside and outside the parliament were victimized in the past.

He said that according to the amendment, the misuse of authority by any government officer would not be considered a crime unless there was evidence. Similarly, having assets beyond known sources of income would also not be a crime unless it was proven that a government officials committed corruption. “Why there should not be bail in these cases if bail is granted in cases of terrorism and rape,” he said.

He said there was a provision that the investigation officer was allowed to keep an accused in custody for 90 days just for arm-twisting and victimization. In some countries, 90-day custody was allowed in cases of terrorism, but, for the first time, it was allowed in white-collar crimes in Pakistan. Now under the amendment, the period of custody would be reduced from 90 to 14 days for the purpose of investigations.

The amendment would not be applicable to transactions pertaining to federal and provincial taxation and funds. It would also not be applied to decisions of federal and provincial cabinets, their committees or sub-committees, Council of Common Interests, National Economic Council, National Finance, ECNEC, Central Development Working Parties, Provincial Development Working Parties and Departmental Development Working Parties, State Bank of Pakistan. The law would also not be applied to any procedural lapse in any government project unless it is proven that any public office-holder has taken monetary benefits. According to the amendment, all pending inquiries, investigations and trials under the NAB ordinance will stand transferred to departments concerned under the respective law.

The House also adopted an amendment that if an accused was acquitted by court on the grounds that the case against him was initiated on fabricated allegations, the official concerned would be liable to punishment up to five years and fine.

Jamaat-e-Islami parliamentarian Maulana Abdul Akbar Chitrali said there should be across-the-board accountability regardless of political affiliations, adding that NAB laws should be made in accordance with Shariah.