Top court adjourns PTI’s plea for level playing field n PTI lawyer alleges worst type of pre-poll rigging n PTI alleged rigging in 2013 elections but inquiry commission rejected their claims: CJP
ISLAMABAD - The Supreme Court of Pakistan Wednesday adjourned hearing till January 8 on a petition of Pakistan Tehreek e Insaf (PTI) pertaining to level playing field in general elections.
A three-member bench headed by Chief Justice of Pakistan Qazi Faez Isa and comprising Justice Muhammad Ali Mazhar and Justice Musarrat Hilali heard the case.
Addressing the PTI’s lawyer, the CJP said that the lawyer should tell with the evidence that what order of this court is violated by the Election Commission of Pakistan (ECP). The CJ said that candidates whose nomination papers were rejected should approach the election tribunal which was the right forum.
On the query of the bench, Director General Law ECP adopted the stance that after the decision of the top court, the PTI approached the commission. He said that the ECP issued order after hearing the political party. He said that the ECP had addressed 30 complaints of PTI. The court also served notices to the inspector general of police (IGP), Chief Secretary and Advocate General Punjab for January 8.
The further hearing of the case was adjourned till next date. Latif Khosa Advocate gave arguments on behalf of the petitioner.
Sardar Latif Khosa, appearing on behalf of PTI, argued that the apex court order dated December 22, 2023 has not been complied. He referred to the letter of Provincial Election Commissioner, Punjab dated 24-12- 23, which was addressed to the Chief Secretary and IGP Punjab.
The Director General (Law) ECP informed the court that they were doing everything to ensure free and fair elections and submitted a 186-page report. He informed that requisite directions have been issued to the Chief Secretary and the IGP regarding the complaints of the PTI.
Latif Khosa was unable to provide the specific allegations but he only referred the letter of Election Commissioner, Punjab, and said that the Chief Secretary and IGP Punjab disregarded the directions of the Commissioner Punjab.
The court, therefore, in a first instance issued notices to the Chief Secretary, IGP. The Advocate General Punjab was directed to submit the report with regard to the directions issued by the Election Commissioner, Punjab and whether those were complied with or not, adding that if not complied then what were the reasons.
The Chief Justice told the PTI counsel that technically it was the matter for the Lahore High Court to decide, despite that they had heard the case and adjourned the hearing of the case till Monday.
During the hearing, Khosa informed that PTI candidates’ nomination forms were snatched and their proposers and seconders were picked up by the policemen in plainclothes. He said that this is the worst type of pre-poll rigging in the country.
Justice Mazhar asked from the PTI counsel that you have filed the contempt petition and not the new one, then why have you made Chief Secretary and the IGP respondents and want the contempt proceedings should be initiated against them.
The Chief Justice asked Khosa what do you want from the apex court, as you have moved contempt petition against the Chief Secretary and the IGP, while it is not their mandate to conduct election.
The CJP further asked him that the PTI has invoked the Supreme Court jurisdiction under Article 204 of the Constitution. “Please tell us which order of the SC, the ECP has violated?” Latif Khosa contended that the Supreme Court order to the Commission was not ceremonial, as it has to make sure that every political party gets level- playing field for the general elections 2024.
The CJP told him that if any candidate’s nomination paper has been rejected then he/she should file an appeal. Khosa said that the nomination papers of 668 candidates of PTI have been rejected. Upon that Justice Mazhar questioned how many papers of PTI candidates have been accepted. The judge told the counsel that the information he has collected is from social media platforms and not from any credible source. Justice Faez said that they want to push for democracy, but we have noted that some people do not want elections. He said that the Court wanted to stand behind every political party, and it has been decided.
Justice Isa said that they have seen the result of providing ROs for the general elections in the past. The PTI then alleged rigging, but the Commission set up to probe the allegations had dismissed all of them. The incumbent Chief Election Commissioner had been appointed by the PTI, the CJP remarked.
In 2013, a three-judge inquiry commission probing into allegations of systematic rigging in general elections had rejected the Pakistan Tehreek-e-Insaf’s (PTI) allegations of organised rigging during elections.