by Hasnaat Malik in The Express Tribune, Dec 27, 2023
ISLAMABAD: The Peshawar High Court (PHC) has issued an interim order regarding the allocation of election symbols, sparking a surge in morale among Pakistan Tehreek-e-Insaf (PTI) supporters, potentially setting the stage for a crucial legal resolution of the party on the horizon.
The single judge has granted final relief to PTI and postponed the matter until January 9.
The decision came days after the Election Commission of Pakistan’s (ECP) ruling deeming the PTI’s intra-party polls as “unconstitutional,” resulting in the rescinding of its entitlement to the revered electoral symbol.
Traditionally, PHC cases undergo review by a two-judge panel. However, due to ongoing winter recess, PTI’s petition landed in the hands of a single judge, raising queries among legal circles regarding the authority of a lone judge to suspend the ECP’s verdict.
While some legal experts questioned the jurisdiction, others hailed the move as an anticipated and favourable intervention to rein in the “witch hunt”.
Commenting on the matter, a lawyer expressed surprise and questioned whether a single judge could halt the ECP’s ruling.
However, lawyer Abdul Moiz Jafferii deemed it a welcomed and anticipated intervention to suspend the ECP’s order denying the PTI its bat symbol. “The ECP has subjected the PTI to a peculiar and specific scrutiny, setting a bar so high that no political party would be able to meet it,” he added.
Regarding the ECP’s decision, Jafferii said it was a blatant witch hunt, adding that the courts should step in to announce it as such.
What’s next for ECP?
Meanwhile, the development has sparked discussions about the ECP’s potential actions following the PHC’s ruling, leading to speculations on the next steps the electoral watchdog has at its disposal in this legal tussle.
The ECP faces a constrained set of options. It can either comply with the order and allot the election symbol to the PTI or wait for the upcoming PHC hearing where its legal representatives can argue the case for a favourable verdict.
If the PHC issues a final order against the ECP, then the next step would involve approaching the Supreme Court. There’s a likelihood that the ECP will contest the interim order in the highest court before January 9.
However, the ECP faces a challenge in justifying its decision before the apex court.
At present, the SC is also observing winter holidays. Chief Justice of Pakistan, Qazi Faez Isa, is expected to return to work next week as he is currently out of the country.
In the current circumstances, the apex court holds paramount importance for all parties involved.
On the other hand, PTI has maintained a successful social media strategy since candidates began submitting their nomination papers.
Facing initial resistance since the commencement of the nomination papers’ submission process, on December 20, the PTI candidates effectively utilised social media platforms.
Supporters shared instances of harassment against party candidates, prompting the party’s new chairman, Barrister Gohar Khan, to pursue legal action.
Represented by lawyer Shoaib Shaheen, the PTI swiftly filed a constitutional petition in the SC, seeking a ‘level-playing field’ in the elections.
Remarkably, the petition was expedited for a hearing a day after it was filed. During the hearing, the bench, led by acting Chief Justice of Pakistan Sardar Tariq Masood, questioned the ECP for not ensuring a level playing field for the PTI.
Consequently, a written order was issued, directing the ECP to address the grievances of PTI candidates and ensure a fair electoral environment.
Simultaneously, the bench also granted bail to both PTI’s founding chairman Imran Khan and former foreign minister Shah Mahmood Qureshi in the cypher case. Justice Athar Minallah emphasised in an additional note that their release on bail during the election period would guarantee “genuine elections,” allowing people to express their will effectively.
The apex court, currently under the leadership of Chief Justice Qazi Faez Isa, is keen on maintaining the institution’s image, aiming to avoid accusations of political engineering as occurred in the 2018 general elections.
Following the SC hearing, the PTI was also given relief by the Lahore High Court (LHC), enabling its candidates to successfully submit their nomination papers.
LHC remained open on weekend and gave relief to PTI candidates.
PTI lawyer Abuzar Salman Niazi, expressing gratitude for the intervention of Justice Ali Baqar Najfi, had announced on social media that, “By the grace of Allah and the active intervention of Justice Ali Baqar Najfi, we were able to file almost 90 per cent of nomination cases.”
Now, the PHC has provided exceptional relief by suspending the ECP’s decision.
PML-N’s ‘blunder’
With the court’s intervention, PTI supporters’ morale has surged, posing a concern for anti-PTI factions.
According to a contesting candidate, Pakistan Muslim League-Nawaz (PML-N) made a blunder by asking the ECP for a two-day extension in the nomination paper submission.
He mentioned that without the extension, most PTI candidates might have been unable to submit their nomination papers. Following the court’s intervention, they were able to file their nominations.
The two-day extension, he pointed out, was the primary game-changer.
It’s undeniable that PTI is effectively driving its narrative on social media, while there’s a noticeable absence of a counter-narrative. The PML-N has yet to kick off its public election campaign.
Contempt proceedings against ECP
Meanwhile, PTI has filed a contempt petition in SC against ECP and other executive functionaries over the violation of the court order for allegedly violating court orders to afford a level playing field to political parties in the upcoming general elections.
PTI’s counsel Shoaib Shaheen on behalf of Chairman Gohar Ali Khan filed the petition making interior secretary Aftab Akbar Durani, Secretary ECP Omar Hamid Khan, chief secretaries and IGPs of the provinces.
The top court is informed that most of the authorities are acting against PTI.
The petition stated that the ECP is under a constitutional duty to take action and it has been provided with the power to make orders to the relevant authorities for ensuring impartiality and transparent elections on a level playing field for all political parties.
Instead, the ECP turning a blind to the open injustice being carried out against PTI and has itself become part of the fundamental and unfortunate mistreatment of the party, the petition added.
Last week, the SC’s three-judge bench headed by acting chief justice Sardar Tariq Masood had directed the ECP to address the PTI’s reservations regarding the lack of a level playing field for the upcoming general elections.
Despite the clear and unambiguous directions of the top court, the ECP failed to implement these directions, the petition argued, further contending that the Commission’s failure to address the grievances is unprecedented and unbecoming which is a clear contempt of court.
“Under Article 218(3) and Article 220 of the Constitution of the Islamic Republic of Pakistan, 1973, it is the constitutional responsibility of the Election Commission of Pakistan to hold and conduct free and fair elections and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with the law.”
“The arresting, harassing and snatching of nomination forms obtained from different returning officers from the workers and leaders of PTI is illegal, unlawful and against the fundamental rights guaranteed under the Constitution of the Islamic Republic of Pakistan, 1973,” the PTI further stated.
“Furthermore, the non-adherence to the orders of this Court is a clear contempt of the court,” it added.
The petition also attached the letter of the provincial election commissioner sent to the chief secretary and IGP Punjab, which according to PTI, is an admission of unconstitutional steps by Punjab Police and ROs.
It further alleged that IG Punjab is the mastermind of all unconstitutional acts against PTI.
The party also contended that it is being illegally dragged into litigation and the grievances have not been redressed for a long time.
It next contended that the conduct of the respondents is contemptuous and as such requires indulgence of this Court by awarding appropriate punishment to the respondents along with execution orders.
“It is most pertinent to mention that the mere fact that the petitioner has to constantly knock on the doors of the courts to attain justice, fairness and a level playing field for the elections is more than sufficient evidence that Respondent No.2 (ECP) has miserably failed to do its job.”
“The petitioner feels no joy in filing daily petitions for the redressal of their grievances but the conduct of the Election Commission and the respondents is jeopardising the most important aspect of democracy, which is free and fair elections.”
It is pleaded in the petition that contempt proceedings be initiated against the respondents for non-compliance with the order of Dec 22 order.
It is further requested that respondents be issued notices and punished under the laws of contempt. It also requested for issuance of directions to ECP to take action against the culprits under sections 55, 184, 186,187 and 188 of the Election Act 2017.
It prayed that the necessary directions and appropriate orders may be passed so that the PTI candidates, workers, and leaders may not be arrested and they may be allowed to participate in the election process and their proposers and seconders may not be harassed in any manner.
The petition also requested the top court to issue orders to ensure that the ROs and DROs carry out their assigned duties in a neutral manner.
https://tribune.com.pk/story/2451286/ptis-morale-boosted
