ISLAMABAD - The Supreme Court of Pakistan Monday noted that those countries which were in favour of protecting the secrecy of the ballot now say that the polled vote is state property.

Chief Justice of Pakistan Justice Gulzar Ahmed said that holding of election has long process and history. He added, “At one time the ballot was considered the most secret but it has been torn down even in USA, Australia, France, Germany, Belgium and Ireland. Now those countries say when a ballot is cast and put in the ballot-box it becomes the state property.” 

Justice Gulzar made these remarks while a five-member bench of the apex court headed by him and comprising Justice Mushir Alam, Justice Umar Ata Bandial, Justice Ijaz ul Ahsan, and Justice Yahya Afridi hearing the reference regarding holding of the Senate election either through “secret ballot” or “open ballot”.

Justice Bandial said, “If you want good democracy then there is need to make the political parties strong. If the individuals are amenable to feudalism and tribal system then the democracy will not take its roots.”

Senator Raza Rabbani appeared on behalf of Pakistan People’s Party (PPP) and he has also challenged the Presidential Reference on Senate election in his personal capacity.

During the hearing, Raza Rabbani contended that the civilian supremacy in terms of parliament and the bureaucracy has receded.

The Chief Justice observed that it has been happening over the period. Rabbani said that he is not making a statement to perpetuate the status quo.

The PPP counsel adopted that the forces of the State are so powerful and if this fig of ballot is taken away then the legislator will be so weak, as the deep state could use to black mail him. We are still on see-saw that comes up and down. He said that in order to guard against the corrupt practice the remedy is provided in the constitution.

Rabbani argued that the deep state actors have the access to the ballot even before the election.

Justice Ijaz ul Ahsan said that the ballots are sent to the polling booth in sealed envelopes. At that the counsel said that even though the ballot-papers are in sealed they (deep state) are much aware of it. He said that if the vote is identifiable then a new form of ball-game will start.

Rabbani said that in this world, videos are manufactured and people are committing suicide to protect their dignity. “We are living in the public domain and the justice will prevail,” said Justice Ijaz.

He added that therefore some mark should be on the ballot so that if there is amiss by an MPA then it should be looked at by the Election Commission or the Tribunal.

Raza argued that the ECP has the ballots. The Tribunal can look for the ballot paper, but it is not identified under the Election Act, 2017. He said that if that happens then it will be against the command of Article 226, which says all the elections except of PM/CMs should be held through secret ballot.

He continued that they are living in feudal, tribal and ugly capitalist society where the State could not protect 23 Presiding Officers (ROs), who conducted by-elections in Daska. He added that if that is happening with the ROs then what will be the fate of an ordinary citizen.

Raza Rabbani questioned that what if an MPA violates the party-line due to his principle stand of his area.

Then, Justice Ijaz said that it means you cannot have your cake and eat it. He added that the history is full of dissenters. He further said that if an MPA wants to dissent then he should do it openly and then face consequence and the constitution provides him protection.

Rabbani said that there is a missing person issue and the Article 10A of Constitution provides fair trial, where it is implemented. He said that the court issue notices to the office-bearers but the constitution is not obeyed.

With the onset of the hearing, the counsel said that the federal government availing two forums for single remedy – constitutional bill was tabled, then trying to amend the law and finally issued the Ordinance, which has now be laid before the National Assembly.

Later, the bench adjourned the hearing till today for further proceedings.