The Supreme Court (SC) on Thursday proposed that Pakistan’s embassies and consulates could be given the status of polling stations to facilitate overseas Pakistanis cast their vote.
A three-member bench led by Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry took up several petitions along with the petition of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan on the right of vote to overseas Pakistanis for hearing on Thursday.
Hamid Khan appeared on behalf of Imran Khan in the court. Munir Paracha represented the Election Commission of Pakistan (ECP), while others also appeared in the court. The CJP said that voting was the legal and constitutional right of every Pakistani, adding that India and Bangladesh were providing this facility to their citizens.
“Whosoever comes, his name will be checked from the list and ballot paper will be given to him with regard to his respective constituency. He will return the ballot paper after marking it and sealing it. The envelope will carry the respective constituency number,” he said.
The CJP said the PTI chairman and Nasir Iqbal had filed petitions that the ECP should evolve a mechanism aimed at granting the right to vote to the overseas Pakistanis in just manner. “The SC kept on issuing orders with the passage of time but no work worth mentioning had been done so far in this respect. The attorney general was issued notice to provide assistance to the court in this respect,” he said. He further observed that Hamid Khan had said that former attorney general Moulvi Anwarul Haq had given statement that proper legislation would be enacted for overseas Pakistanis but no action had been taken so far in this respect. The CJP remarked that postal ballot papers and e-voting system could be adopted in diplomatic missions, but the possibility of any rigging would have to be curbed by us.
He said that after hearing all the sides and parties, the court would give the opinion that the EC should ensure that all overseas Pakistanis had the right to be registered as voters under Electoral Act 1976. “They should be enrolled as voters as soon as possible. NADRA and Ministry of overseas Pakistanis should extend cooperation to EC on this count and overseas Pakistanis be registered as voters. NADRA should issue cards to all these persons. The ministry of overseas Pakistanis, law ministry and the EC should convene a joint meeting and work out a mechanism. E-voting system can be introduced in this respect as no legislation is needed for implementing such system. Consulates and embassies could be declared polling stations. Permission to cast vote therein can be accorded with the cooperation of the EC. Whosoever wills should come and cast his vote. The voter should demand ballot paper of his respective Halqa [constituency] and then cast vote. Record of all the information should be kept before the polling process starts,” he said.
The CJP observed that the votes cast in this way be kept in sealed envelope and sent to the Election Commission, which would forward them to the presiding officers of the constituencies concerned. If there is any other method available in consonance with the constitution then legislation can be enacted, he added.
The CJP asked the AG to cooperate with the EC, saying “it is a proposal and not our order. You please see how it will be implemented. Meeting be held on next Wednesday and a report should be presented before the court.”
The CJP observed that the AG should hold a meeting with the law ministry and the EC, and inform the court with regard to legislation. The hearing of the case was adjourned until February 22.
