What the JC Report means for Pakistan – and for Imran Khan
If there were to be a breakthrough worth applauding in the democratic process of the country, the formation of a judicial committee to conduct an independent inquiry on the electoral integrity of the country would be one.
However, if there were to be a stigma on the politics of blame game and populism, there would hardly be a bigger one than the judicial commission’s verdict.
Imran Khan had undoubtedly fought hard for this day. However, the results were not what had repeatedly been predicted by him. This was a long and weary struggle, spanning over two years, with a brief timeline of very major events given below:
Figure 1: General Elections 2013 to Judicial Commission Verdict
While the final JC report has mentioned that there were slight irregularities that need to be worked out in future, no evidence on the systematic attempt to rig the election was found, and hence all three of PTI’s allegations were disproven.
Figure 2 All three of the above-mentioned PTI allegations rejected by JC report
Questions however arise on the integrity and credibility of the procedures of the JC itself.
Sheikh Waqas Akram of PML-N thinks that the results were predictable. “I already knew what was going to happen,” he told DNA. “I had already stated this on a TV show.”
What made the outcome of the investigation so predictable? Was it due to some loophole in the inquiry or was it because the volley of allegations thrown by PTI had no real grounds?
“Well, PTI people are not aware of the procedures of the tribunals,” Akram said. “I have been through it when my father’s case was on-going, and therefore I knew PTI did not have any real grounds. PTI proved no real evidence; rather Mr Khan provided all the evidence with his fully-loaded trucks. Now this is not how cases are fought.”
However, the discussion on the JC and its verdict and on PTI not giving enough consideration to its case does not end here. This was a first timer in the history of the country and hence the entire process needs to be scrutinised carefully. Meanwhile, the effect it will have on the political career of the charismatic Khan also needs to be analysed delicately.
JC – justified or not
The judicial commission to investigate the allegations put forward by PTI was formed when no way out seemed possible to pacify the mayhem and political unrest in the country. Therefore all stakeholders agreed that the formation of JC was justified.
“This was a historical step and a first opportunity of its kind that arose in Pakistan,” said Saad Rasool, an eminent lawyer and journalist based in Lahore. “This definitely was a very big step toward democracy.”
What made the outcome of the investigation so predictable? Was it due to some loophole in the inquiry or was it because the volley of allegations thrown by PTI had no real grounds?
“The judicial commission was formed giving full regards to the constitution, so there can be no question about its formation, “Akram added.
Apparently, two first-time milestones have been witnessed recently. This was the first democratic transfer of power in the entire history of the country. Likewise, this was the first time an independent and impartial commission carried an inquiry as per the legitimacy of the election process.
“This was the first time a democratic transfer of power took place in Pakistan,” said Waqqas Mir, a prominent barrister. “And it was a justified step that everyone who held this important at once took action to protect the integrity of the electoral process itself.”
So, all in all, the formation of the commission itself was something the entire nation should be proud of.
“I don’t think Imran Khan has much to complain about now,” Akram said. “The whole thing was his idea, and that’s what started the proceedings in the first place.”
The final report – the legitimacy and the manner
All the stakeholders agreed on the formation. However, the final verdict itself is something that carries way more significance. So the next important question was the legitimacy and impartiality of the report itself.
Prior to making the report public, Imran Khan tweeted: “The JC was formed as a result of agreement between PTI & PMLN govt. There are 2 parties in the case. Why have we not received the JC Report?” However the report was made public and it clearly stated the elections were fair at large. Imran Khan had already promised the public that he would accept the final decision of the report, and therefore he has given no statement questioning its legitimacy.
“Well, as far as the legitimacy of the proceedings and hence the impartiality of the final report is concerned,” Rasool opined, “you or me cannot make a comment. None of us was in the room of the commission itself, so that is an irrelevant debate that how correct it is factually.
“I would say that everybody has to play by the rules,” said Mir, “and this applies to Imran Khan and Nawaz Sharif alike. In a democracy, no one is considered more impartial than the Supreme Court. In this case though, the judges were not really acting in the capacity of Supreme Court, rather they were acting on the behalf of the commission. And the fact that the report was made public says a lot about its authenticity.”
However, it’s not just about the factual accuracy. It’s also about the manner those facts were presented. To quote one example: The word “fair” was used in the report 82 times, quite an amount!
The interviewees differed in this aspect.
“When it comes to the content of the report, it was a very timid report and was written in a non-bold manner,” according to Rasool. “Irregularities have been mentioned, but the way they should have been mentioned and addressed was not given consideration. In this regard, it was a bit disappointing. To me, at least, it protected the status quo. After finding the irregularities, the commission had two alternatives. It could state that no significant presence of rigging was there, or it could explain that these irregularities signify serious trouble. To my disappointment, the commission chose the first alternative.”
“Well, to me the report is a good one,” said Mir. “The report is very clear. It is explicitly mentioned in the conclusion that irregularities were there. So I don’t think there is any question mark on the clarity.”
After addressing the legitimacy and the manner of the report, the next question was about the evidence presented.
When asked about whether PTI had presented enough evidence, Rasool gave his take. “Well, it was purely up to the Commission to decide what fulfilled their criterion of substantial evidence.”
Akram however presented his opinion in an upfront and clear manner, with no capacity for if’s and but’s.
“Well, cases like this are fought technically,” he said. “You cannot win such cases merely on political grounds. When PTI put forward the allegations and the onus of proof fell on them, they provided no substantial evidence. Taking thousands of supporters and making noise from the top of the container definitely does not carry any (legal) weightage. Cases definitely are fought this way. This was the first time the Election Commission of Pakistan gave the judges suo motu authority as well. However, even then no substantial evidence regarding the so-called rigging was presented. Irregularities were mentioned but irregularities do not mean systematic rigging.”
Rasool, as a lawyer, did not agree about the absence of institutional rigging.
“There is an inherent clash between the judgment of Saad Rafique’s case and the JC verdict,” he said. “When there was tempering found in Rafique’s constituency, it was asserted that PML-N had nothing to do with it. Rather the ROs were involved. Now the involvement if ROs points to institutional issues itself, does not it? So either that judgment is flawed, or this report is. Both cannot be right.”
Akram had a different stance on the issue. “Well, rigging would have been systematic if ROs were deliberately trained to create a mess in the elections. No such evidence has been found,” he denied any such possibility.
A political suicide for PTI?
The verdict has created certain issues for PTI. Imran Khan was banking his stance on the idea that elections were not fair and the mandate had been stolen. Many people were seen blaming him on social media, and it seems PTI is in for a tough time ahead.
Apparently, two first-time milestones have been witnessed recently. This was the first democratic transfer of power in the entire history of the country. Likewise, this was the first time an independent and impartial commission carried an inquiry as per the legitimacy of the election process
“This will definitely impact the political standing of PTI,” predicted Akram.”The local body elections of KPK are over, but this will affect the local body elections that are yet to be held in Punjab. This was not a wise step by PTI and there would be a visible impact of this decision on the political scenario, as many followers have been disappointed.”
“I however am expecting more trouble from their side,” he confidently asserted. “You mark my words that Khan will be quiet for now but not for long. Observing his past trends, he will start blaming Justice Nasirul Mulk – after he retires. He has a habit of blaming people after they are gone. That’s what he did with Iftikhar Chaudhry, Ramday and Kayani. Now it is Nasirul Mulk’s turn.”
Seemingly, what PTI has been doing for the past two years was digging its own grave. However there might still be a chance that Imran Khan comes above all these past mishaps and makes the most of his bad situation.
“It was not just a case,” Mir commented. “It was Khan’s battle. And he was not just presenting a legal case; it was a moral case too regarding electoral integrity. I don’t think there is anything more important than elections in a democracy. So if his voters think he was morally correct, he still stands some chance. The sit-ins were not a wise step though.”
“I think PTI needs to show some grace,” Rasool added. “They can voice their disagreements calmly, but they have to stick to their word of respecting the verdict of the commission.”
So, currently it is now or never for PTI. Imran Khan definitely needs to plan his moves smartly.
What comes next
A question that is even more important than what has happened is about what will happen next. Everyone will agree that the formation of JC was a breakthrough in protecting democracy.
“I think people will not dare rig in future,” said Akram. “An example has been created. Since the PM did not badmouth anyone in his speech and was gracious, now the opposition too needs to come on board and electoral reforms should be worked upon. This is the time. A punishment should also be suggested for the ROs who are found guilty of wrongs in future. This is very important.”
“I think the verdict is the lesson that democratic integrity should not be challenged,” Mir opined. “And this has set an example that the government did not let the legitimacy of the elections and the parliament be questioned. It took steps to protect the electoral integrity. This is a promising step.”
Rasool, however, expressed discontent.
“This was the first time we had such an opportunity,” he pointed out. “And it could be better availed.”
It is high time now that the people of Pakistan applaud this democratic step. This is also the right time for the opposition to stop whining, stop complaining and stop creating differences. Rather it is time for the parties to sit together and work out some real electoral reforms for the coming elections. If achieved, this will definitely be a breakthrough.