Justice Azmat Saeed, while taking up the PTI petition for verification of thumb-impressions in four constituencies for hearing Tuesday, remarked how Pakistan Tehrik-e-Insaf (PTI) could declare the entire general elections non-transparent by proving rigging in four constituencies.
A three-member bench of Supreme Court (SC) headed by CJP Tassaduq Hussain Jillani was hearing the case. PTI Chairman Imran Khan was also present in the court.
Justice Azmat further remarked, “The PTI efforts in respect of four constituencies don’t cover the entire general polls”.
Justice Khilji remarked, “The power to hear the matters rests with Election Tribunals. If rigging is proved in the said constituencies, the court will have to give more orders. Chief Justice of Pakistan (CJP) Tassaduq Hussain Jillani, while declaring the ECP-reply on non-availability of federal government employees for performing duty in the elections unsatisfactory, remarked “If the allegations of rigging leveled by the PTI are accepted as correct, even then they will have to resort to Election Tribunal as per law”.
Hamid Khan, Counsel for the PTI, presented his arguments in the court, with details of the four constituencies.
The CJP remarked, “The ECP held separate hearings with reference to the constituencies of Lahore and Multan”. Are you aware of it, the CJP inquired.
When Hamid Khan replied in the affirmative, the CJP remarked that the tribunal comments had not reached the court.
Justice Azmat remarked that the tribunal had said it could not hear the petition without evidence. The tribunal should have heard you, he further remarked.
Hamid Khan said “We have come here to talk of about the four constituencies’.
Justice Azmat remarked “When evidence is available, why are you confining yourself to four constituencies. Investigation into the four constituencies was a futile exercise after the larger picture had come into light. All should have been challenged”.
Hamid Khan said, “his case falls under the decision of Pakistan workers party case. Therefore, his case be decided according to this case”.
The court remarked “You wanted decision from the tribunal of your choice, therefore, the matter was referred to the ECP. The matter was referred by ECP to another tribunal”.
Hamid Khan said the ECP should have held elections in a transparent manner. These polls were a joke. No monitoring was conducted. The PML-N candidates committed flagrant breach of the limit of expenses set by ECP.
Justice Khilji Arif remarked, “This was to be done by the ECP during the elections. Now the elections have ended”.
The CJP remarked that all the allegations leveled by the counsel for the PTI may be correct.
“You could get relief by filing petition under 225. You have filed petitions,” he said.
Hamid Khan said “The ECP did not hold elections keeping in view the court’s decision”.
Justice Khilji remarked, “We may say that it should not be repeated so in future, but not nothing can be done now.” How can we declare wrong what they have already done, he questioned.
Hamid Khan said “We don’t want to nullify the entire election. We only want review and comparison of the four constituencies. This will clear if rigging had taken place or otherwise’.
Justice Azmat remarked, “How can you review the entire election by talking of four constituencies”.
Justice Khilji remarked “If the result of the said constituencies says that rigging had taken place, what will happen next. We will have to issue some order then”.
Hamid Khan said “We only want implementation of the court’s orders”.
Justice Khilji remarked, “We had issued directives to all the political parties. If they don’t comply with the directives, what is the fault of the court”.
Hamid Khan said “Then it clearly means that the court cannot implement its own orders. The federal government employees were to be deployed on all polling stations but not a single one was appointed”.
The CJP inquired from the Election Commission of Paksitan (ECP) Secretary Ishtiaq Ahmad Khan if the federal government employees were deployed during the polls.
The secretary told the court it was the job of the returning officers.
“We had sent your orders to all ROs and had selected the employees as per their own choice”.
The court directed the ECP to present the record of federal government officers and employees who had performed duty during the general elections within 15 days. The court has also summoned the attorney general for assistance.
The court further ordered that the case be fixed for hearing in the first week of March.
