ISLAMABAD - The Pakistan Muslim League-Nawaz, replying to the Pakistan Tehreek-e-Insaf charges of systematic rigging and manipulation in the general election, demanded that the allegations or perceptions have to be proved beyond reasonable doubts.
Shahid Hamid represented the PML-N before the inquiry commission constituted to probe the charges of rigging in general elections 2013. He argued the manipulation or systematic rigging is criminal conspiracy under Section 120A of Pakistan Penal Code as it tantamount to subvert the will of the people. He said if that was the case then conspirators should be tried under Article 6 of Constitution.
Shahid Hamid, objecting to the PTI’s demand for a special joint investigation team, asked if the team comprising IB, MI, FIA and ISI should investigate the serving and the former judges and visit the district courts to probe the sessions judges. He said the assertions in the applications are outside the ToRs of the commission. The allegations are levelled against the two former chief justices of Pakistan and one judge of Supreme Court.
Justice Nasir observed that some parties did not submit documents under the commission's terms of reference and most of the documents submitted were generic. PTI counsel Abdul Hafeez Pirzada submitted that they are determined to assist the commission with utmost efforts, adding that they have provided documents in bulk regarding the 2013 general elections.
Barrister Aitzaz Ahsan, counsel for PPP, told that he had already submitted that he is not going to provide any witnesses but will rely on polling bags of 2013 general elections. He said: If anyone is opposing the inspection of polling bags then there is something fishy.
Salman Akram Raja, appearing on behalf of ECP, asked the commission that what would happen of the judgment passed by the Election Tribunals on the election petitions and the appeals decided by the Supreme Court. The chief justice said that they would see this issue after the findings.
Shahid Hamid contended that the allegations of rigging, levelled by PML-Q were unprecedented and their petition did not spare anyone including the Chief Election Commissioner, Returning Officers (ROs), District Returning Officers (DROs) and the Presiding Officers. He said in the PTI's petition there is an assault on the independence of judiciary, adding even two former chief justices and a serving judge of Supreme Court were not spared.
He requested the commission to strike down some paras from both the petitions. He further submitted that there were 33,000 polling stations, adding that in 129 constituencies, the PML-N won. He further submitted that all the time, PTI during its Dharna gave just a perception of rigging without any proof. "But we will go by the facts not perceptions," the chief justice observed.
Shahid Hamid said the allegations that the elections were manipulated or rigged is criminal conspiracy under section 120A of Pakistan Penal Code and tantamount to subvert the will of the people, which invokes Article 6 of Constitution. The allegation levelled has to be proved beyond the reasonable doubts, he said.
During the proceeding PTI and PML-N representatives had a verbal clash when Pirzada talked of preponderance of evidence and alleged that the ECP failed to hold the elections in free and transparent manner. Upon that Shahid Hamid coming on rostrum gave a smile. Strongly reacting to it Pirzada said: Why are you sniggering. I will not accept such an attitude. Shahid replied Pirzada: You are a heart patient. But PTI counsel said: You are on your last leg and I have enough energy to fight. However, the matter was resolved when Pirzada apologised by saying sorry.
The commission directed the Election Commission of Pakistan to submit reply of the allegation levelled in the applications of Balochistan National Party (BNP), within two days. Shah Khawar, representing the BNP leaders, demanded that the incumbent ECP Secretary Babar Fateh Yaqoob be stopped from performing his functions because he had manipulated the elections in Balochistan while serving as chief secretary of the province.