Govt agrees on fully empowered JC for poll rigging probe

• Govt’s response to PTI’s demands recommends probe into 35 to 50 constituencies in first phase

A meeting of parliamentary leaders presided over by Prime Minister Nawaz Sharif Thursday finalised a response to the Pakistan Tehreek-e-Insaf’s (PTI) demands following which the document was handed over to the PTI leadership by Finance Minister Senator Ishaq Dar.

Sources told Pakistan Today that the government and the parliamentary parties’ leaders had decided to make the judicial commission fully independent and ensure that it conducts its investigation into rigging allegations within 30 days. But the Pakistan Muslim League-Nawaz (PML-N) government has resolved not to give in to the PTI’s demand of Prime Minister Sharif’s resignation.

“The response to PTI’s demands recommends completion of investigation of 35 to 50 constituencies in the first phase,” sources said, adding that another recommendation is to form a monitoring council as guarantor to prevent possible influence on the investigation by the government.

“As for the prime minister’s resignation, a clause will be added either as an immediate requirement or a requirement at a later date, but the PTI is not willing to give up on this demand,” sources said.

They said that if the prime minister’s resignation comes at a later date; for example after investigation of election rigging proves him guilty, a re-election is to take place under independent caretaker government.

About the electoral reforms, the possible agreement recommends forming an expert committee that will work alongside the parliamentary committee.

Sources also said that in case the protesting parties did not accept the government’s recommendations, the parliamentary parties’ leaders had asked the government to simply move on with its official work and let the protesters continue holding their protests.

PTI’S 8-PAGE PROPOSALS:

The PTI had presented an eight-page proposal to the government which proposes a two-step process to address the rigging allegations.

“In Phase I of this process, the complaints must be investigated by a fully empowered and independent judicial commission.”

Phase II of the process entails actions to be taken “in the event” the judicial commission’s findings affirm rigging claims.

Further, the PTI demands that the judicial commission should comprise three judges of the Supreme Court led by the chief justice of Pakistan. “It should be vested with full investigative power and authority,” the document adds. The primary function and task of the judicial commission would be to undertake an independent investigation into rigging allegations and it will have to submit it within 30 days, a legally binding and enforceable final report.

The PTI has also called for the formation of a joint investigation team (JIT) under the supervision of the judicial commission to operate as its “investigative arm”.

The JIT should comprise senior officers of government investigative agencies, such as Federal Investigation Agency (FIA) and National Database Registration Authority (NADRA) among others.

“The composition of the JIT shall be balanced and it shall be headed by a senior officer of unblemished repute and integrity to whose appointment the PTI has ‘no objection’,” the document read.

Further, with the formation of the JIT, the PTI demanded the replacement of the current chiefs of NADRA and FIA as well as the secretary of the Election Commission of Pakistan.

“The JC must submit a final report of its findings and conclusions no later than 30 days after its constitution and the report shall be made a public document.”

The PTI also underlined the procedure for a test to determine if rigging occurred.

The test includes the JC reporting the manner in which Election Commission of Pakistan (ECP) members were appointed and any changes in locations or appointments at polling stations.

The PTI also demanded that along with a signed agreement between PTI and the Pakistan Muslim League-Nawaz (PML-N), the prime minister and the cabinet must publicly announce a guarantee to heed by the conditions and demands mentioned in this proposal if rigging is proven.

Further, the PTI also demands that the prime minister should resign while the judicial commission proceeds with its findings.

“The resignation of the incumbent prime minister would establish bona fides of the prime minister and of the political party he heads. It would also allow Parliament to continue in the greater national interest and for consolidating the transition to parliamentary democracy.”

PTI also demanded that a supreme monitoring council be formed after the resignation of the prime minister to ensure an ‘independent’ and ‘objective’ investigation by the judicial commission.

Additionally, in case rigging is proven, as alleged by the PTI, the proposal demands that the prime minister advises the president to dissolve the National Assembly under Article 58(1) of the Constitution.

“The president shall appoint a care-taker cabinet and prime minister under the Constitution, the composition of which must reflect the intent and will to undertake and complete the necessary electoral reforms prior to the fresh elections.”

“General elections must be held under a reconstituted and non-controversial Election Commission of Pakistan (ECP) appointed in consultation and with ‘no objection’ of PTI.”