No one should consider PTI weak
The Judicial Commission’s findings have made for an uncomfortable situation for PTI, to say the last. Imran Khan was not only confident that wilful and systematic rigging would be found beyond doubt, but “2015 will be the year of the next general election” and, of course, PTI would finally, legally win the public mandate that was so audaciously stolen back in ’13.
Not only did that not happen, but the party is suddenly faced with serious options. Both completely accepting the verdict and completely dismissing it are bad for different reasons. True, not everybody is impressed with the manner of the investigation, or the result for that matter, but that does not matter anymore; not for PTI at least.
To understand the legality of the Commission, the implications of the verdict, whatever little it left to be desired, and political intrigues it has given rise to, DNA talked exclusively to veteran lawyer and politician, SM Zafar.
Question: What are your views about the Judicial Commission’s findings? Are you surprised?
SM Zafar: I am not surprised at all over the report of the inquiry commission. I was expecting such a report as the Commission strictly followed the terms of reference (ToRs) of the probe agreed upon between major parties of the conflict – Pakistan Muslim League-Nawaz (PML-N) and Pakistan Tehreek-e-Insaf (PTI).
Q: Why, in your view, did the Judicial Commission fail to fix responsibility for massive irregularities committed either by Returning Officers (ROs), officials of the Election Commission of Pakistan (ECP) or other relevant institutions?
SMZ: I think the Commission limited its function strictly to the ToRs. There was no clause in the terms of reference which suggested that responsibility must be fixed and the people found involved be taken to task for their alleged role in the rigging. So the Commission restricted itself to the findings only.
Q: Analysts say that the verdict of this Commission has further damaged the faith of the common man in judicial system. Despite having much proof of rigging, not a single individual has been put to task. Do you agree with this notion?
SMZ: Yes, I agree that the Commission should at least have come up with some suggestions and recommendations to bring in changes in procedures and amendments in rules so future elections could be made free and fair. However, it didn’t happen and the Commission chose to remain within its domain.
I agree that the Commission should at least have come up with some suggestions and recommendations to bring in changes in procedures and amendments in rules so future elections could be made free and fair
Having said so, I believe the Commission has fixed responsibility on the Election Commission of Pakistan (ECP) for irregularities in the electoral process. Now it is time for the ECP to take action against those found involved in the violation of rules. The ECP has the same powers as the Supreme Court (SC). The only difference is that one institution exercises its powers and the other is dormant. The ECP is an independent body which has powers even more than the inquiry commission had been given. Top officers of the ECP also know better who was responsible for the massive irregularities committed during the elections 2013.
If the ECP still fails to bring those responsible to justice, I suppose nobody would ever trust the electoral process in the country. So I hereby demand the election commission to rise to the occasion and bring all involved in irregularities to book whether they were its own officials or employees of any other institution.
Q: Do you not agree with the notion that the Commission’s report provided impetus to the allegations that the top judiciary of the country has sympathy for the Sharif family and its government? Don’t you think that the judiciary did not probe the matter fearing brother judges, including former chief justice Iftikhar Chaudhry, and ROs might be exposed?
SMZ: I think that the PTI did not raise the matter of any involvement of former CJP in the alleged rigging. I thought that it was foolish on part of the movers to expect the Commission to declare the general elections null and void without producing concrete evidence in the court. Moreover, such commissions don’t have powers like the Supreme Court. Once an inquiry commission is formed, its judges act and behave like normal employees of the government.
Q: The report, which has attracted criticism from analysts and political workers, not only failed to punish those involved in election irregularities, it also made no proposals to help bring in changes in procedures for the future. How do you see this failure of the Commission?
SMZ: As I already said, the commission pointed out election irregularities in its report. This is a welcome sign. However, since there was no mention of making recommendations for improving the electoral process, the commission did not make any such suggestion.
I think it was a failure on the part of the negotiating panel of the PTI and the PML-N who both failed to include clauses to help the Commission suggest procedural and legal changes so no one could steal the public mandate in future elections.
Not only should the Model Town incident report also be made public now, it should also be implemented in letter and spirit. If the government does not release it, the people would always doubt the Punjab government’s role in the incident
Moreover, it is equally a failure on part of the lawyers from both sides. I wonder why they failed to increase the scope of the commission as top and senior legal minds were involved in the case from both sides.
The ToRs were so faulty that the Commission was only asked to probe if there was rigging on a set pattern nationwide to help a specific party win polls. Now, the Commission chose to stay within its mandate.
Q: Why, in your opinion, despite being given powers in the ToRs, the commission did not seek assistance from state agencies like Inter-Services Intelligence (ISI), Military Intelligence (MI), Intelligence Bureau (IB), Federal Investigation Agency (FIA), Federal Bureau of Revenue (FBR) to produce evidence and their information, if any, about the rigging allegations?
SMZ: Yes, the commission in its report has mentioned that it decided to put the burden of proof to the parties who levelled allegations for vote fraud. In criminal cases, the burden of proof rests with the state. But even in criminal cases you have to give the benefit of doubt to the accused. I also think that the inquiry commission perhaps did not exercise its powers thinking that the government might influence official institutions as the matter emerged with the sacking of former chief of NADRA, Tariq Malik. Moreover, since it was a matter of civil nature, the court decided to ask the accusers to share the burden of proof.
Q: What could be the political implications of the Commission’s verdict for the PML-N and the PTI?
SMZ: I think there would be no repercussions if both the parties decide to accept the Commission’s judgment. But if the PTI or any opposition party chooses not to accept, the law and order situation could deteriorate like 1977.
Moreover, much depends on the government’s behaviour. If the hawks among the ruling party do not behave and continue efforts to push the PTI against the wall, the situation could lead to chaos. No one should consider PTI weak as despite a jolt, the PTI is still a potent political force. It is up to the government now to choose what course it adopts with the PTI.
Q: Since the prime minister has taken a good step by making the Judicial Commission’s report public, don’t you think that the Judicial Commission report compiled by Justice Baqir on Model Town incident should also be made public?
SMZ: Yes, not only should the Model Town incident report also be made public now, it should also be implemented in letter and spirit. If the government does not release it, the people would always doubt the Punjab government’s role in the incident. Moreover, they would also start believing that the government only releases those reports which are in its favour.
