SC postpones election fraud case until after vacation – Pakistan

ISLAMABAD: At the request of PTI lawyer, the constitutional bench of the Supreme Court on Wednesday adjourned the election rigging proceedings till after the winter vacation.

Headed by Justice Aminuddin Khan, the seven-judge constitutional bench had taken up PTI founder Imran Khan's plea seeking the formation of a judicial commission for a thorough audit of the February 8 general elections and tabulation of what the petition called false and fraudulent results, rendering winners into losers and losers into winners.

Moved through senior advocate Hamid Khan, the petition, filed jointly by Imran Khan and his party PTI, had argued that the members of such a commission should consist of SC judges who have no bias towards anyone.

On Wednesday, when the case was called, Hamid Khan had already left the courtroom. Subsequently, the bench had to ask staff to call the lawyer. When he arrived, Judge Muhammad Ali Mazhar reminded him that his case needed to be heard.

The lawyer responded that he thought the hearing was scheduled for December 12. Court staff then showed the lawyer the list of cases.

Seven-judge bench takes decision at the request of PTI lawyers

Justice Jamal Khan Mandokhail observed that the petitioners' Advocate of Record (AoR) has already been informed that he should be in touch with his AoR.

The lawyer then asked the Constitutional Court to settle the matter after the winter break, which the court agreed. The bench postponed the hearing to resume after the winter break. Earlier, the registrar had returned the petition after raising objections. When the case is heard, the court will consider both the office's objections as well as the main motion.

Further, the court ordered registration of a similar application of Sher Afzal Marwat for hearing after vacation.

In its petition seeking a judicial inquiry into the allegations of electoral fraud, the PTI also sought suspension of all acts consequent to the formation of governments at the federal and Punjab levels until the findings of the judicial commission are delivered public.

The petition regrets that a political party having elected members to the national and provincial assemblies cannot be deprived of reserved seats in the assemblies in proportion to the members elected in accordance with article 51 and article 106.

In 2015, a judicial commission, constituted to investigate allegations of PTI fraud in the 2013 general elections, had concluded that the polls were largely organized and conducted fairly and in accordance with the law. This commission was established under a presidential order on April 3, 2015 after months of bitter struggle between the PTI and the PML-N during which it had recorded the testimonies of 69 witnesses, including politicians, civil servants government, magistrates and journalists.

In its new petition, the PTI stressed that courts cannot turn a blind eye to the allegedly obvious and apparent acts of authoritarianism, cruelty, oppression, repression and violation of fundamental rights by the caretaker government and governments illegitimately installed in power. federal and provincial levels.

Telephone tapping

Separately, during the hearing of an old ongoing case, Justice Muhammad Ali Mazhar questioned any legislation relating to wiretapping, noting that only a judge could authorize wiretapping.

The Additional Attorney General said that, in accordance with a law in force since 2013, the ISI and the IB have been informed of a wiretapping procedure which also includes a judicial review.

Justice Mazhar asked whether any judge had been informed to this effect so far. He observed that the law did not allow everyone to tap their phones. Judge Mandokhail, however, found the law on wiretapping to be vague.

Published in Dawn, December 12, 2024

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