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THE latest big rally in Imran Khan’s ongoing multi-city tour produced two surprises, one rather unpleasant, the other a genuine opportunity to help bring the anti-government protests to an end. First, the unpleasant part.
The suggestion by the PTI chief that a Supreme Court-led commission to inquire into the conduct of elections in May 2013 should include representatives of the ISI and MI is nothing short of staggering and bizarre.
Quite simply, it is these very organisations, and especially the ISI, that has historically queered the electoral pitch against democrats and civilian politicians. In fact, the last major electoral-related case that was adjudicated on by the Supreme Court — the Mehrangate scandal and the rigging of the 1990 election in favour of the IJI coalition led by Nawaz Sharif — led to the very highest levels of the army leadership, including a former army chief and DG ISI, being held responsible for essentially the buying of an election.
Read| ISI and MI should sit on commission to investigate vote rigging: Imran
Even leaving that history aside, what legal role does the ISI or the MI have when it comes to electoral matters? What is their official expertise in a matter that must be decided along laid-down legal criteria? All that Mr Khan appears to have done with his peculiar suggestion is reinforce the impression that the PTI wants the army to have a role in politics and elections.
Yet, unwise as Mr Khan’s first suggestion is, his other new idea is a good opportunity for the government.
By dropping the demand that Prime Minister Nawaz Sharif step down or step aside temporarily while the commission conducts its inquiry, Mr Khan has removed the only genuine impediment to a comprehensive deal on electoral reforms and inquiry into specific results of the May 2013 general election.
Mr Khan’s new formulation that the prime minister should resign and fresh elections be held if a time-bound inquiry proves electoral fraud is a reasonable one.
Now, the government and the other parties in parliament ought to act swiftly to meet the PTI halfway and do the right thing on electoral reforms.
One sticking point could be what constitutes electoral fraud enough to trigger a new election. Mr Khan’s party has tried to keep that bar very low in the past, essentially arguing that any fraud at all would nullify the election. Similarly, malpractice would need to be proved in several constituencies.
Those are not insignificant points, but not insurmountable ones either. The government needs to act now.
Published in Dawn, November 11th , 2014
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Comments (52) Closed
Nov 11, 2014 01:07am
Are you guys naive or what?
IK is not asking ISI and MI to form government or provide legal matters. Their role will be limited to fact finding as they have these agencies have the ability and capacity to do so without executive influence. Or you want Punjab police to do fact finding? Because what judges would depend on is facts that are presented to them.
Also, you forgot the issue of trust between the two parties. Will NS allow an independent inquiry without due influence, especially when it is conducted by institutions under him? If its an impotent commission then better not to have one. For what other commissions' reports have led to?
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Nov 11, 2014 01:54am
Why is it so hard to understand that rigging in elections is a serious crime which must be investigated. And who will investigate it? Judges themselves? No, the investigating agencies. And Police, FIA, IB (being under Govt) alone cannot be trusted so ISI and MI need to be there to have completely independent investigations. Its like JIT(Joint Investigation Team) investigating a crime. Then what is wrong with it?
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Nov 11, 2014 04:31am
The cat is out of the bag!
Huay bimaar jis kay sabab
usi attar kay londay say dua latain hain
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Nov 11, 2014 04:47am
Govt. should not drag this Important flaw in Election 2013. Get it done quickly. And IK is right that
it should be ensured that investigation impartial & that's why he is rightly asking monitoring by ISI / MI.
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Nov 11, 2014 05:25am
‘…include representatives of the ISI and MI is nothing short of staggering and bizarre…’ Why that is staggering and bizarre? The first question is: Is the army not of Pakistan public? If it is not then the question does not arise for them to represent the public and they are out-and-out of the total scenario but if they are totally out then how nonpublic elements of a country can be expected to defend the county externally and internally as they are doing and why the government is asking them to do so. And if to defend the country their representation can be entreated then why can’t they be asked to represent in other spheres including their being part of an inquiry commission?
Are the armed forces not competent enough to be part of such commission? They are educated enough, they have immense expertise in dealing with complex situations, their corruption record is minimal as against the politicians’ and the civil society’s, their inclusion would have a very soothing and comforting impact on the commission as it would be very careful to commit something which would be unhealthy, corrupt and morbid.
In their presence there would be extremely rare possibility of ‘muk-mukaa’ or unfair deals and the results would be cleaner and desirable and there would not be any possibility of happening as happened with the earlier election commissions and electoral bodies.
I think there are enough reasons for them to be part of such commissions and civil sphere operating bodies and instead of being staggering and bizarre it is most appropriate and desirable because through this element the dilatory maneuvers and tactics would not be practiced.
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Nov 11, 2014 06:12am
I used to read Dawn as the only news paper I could count on as unbiased reporting and opinion but alas that has long gone:(
In reference to your editorial on PTI's proposal, you failed to recognize two main issues that Imran and the majority of nation is facing: Who to trust and how and why rules are made to hinder justice rather facilitate it?
So when Imran offered the proposal and ask for MI and ISI to be part of investigation, he has this justified fear about impartiality. SO by asking these groups to be part of the investigation he is hoping that it would be difficulty for the team to do again "rigging" in investigation. Agreeing to Judiciary investigation was not his first choice because we all know about our Judiciary' role in taking sides. It is just like throwing mud on the file and he is hoping some sizable quantity might stick and he may get justice.......Unlike your twist that he is inviting army, he is trying all possibilities to get fairness from the investigation.
In fact, I would recommend that we ask 1) some fair media folks 2) technocrats with great impartiality 3 folks from civil society and even others to be part of the investigation. After all this is a major issue facing the nation so why not?
Now if it is matter of law or some crap like that even then rules are made to help a genuine relief and fairness so if some of the rules need to be ignored/amended for such a major cause then why not? I see that every day here in USA on small to big issues that system/and law is ignored for a bigger and just cause.
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Nov 11, 2014 07:25am
so the folks who have decided all the prior elections should be called in to call this one ? wish IK had a brain to go with his personality
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Nov 11, 2014 07:53am
"What legal role does the ISI or the MI have when it comes to electoral matters?"
While I may not be amused with the military or ISI/MI stepping into legal or electoral domains, the proposed commission's job is investigative in nature, and who else is qualified better than these agencies for the job? The editorial's harsh response appears as if PTI chairman probably asked for inclusion of reps of these two agencies in the caretaker govt.
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Nov 11, 2014 09:07am
I think ISI and MI should be there in fact finding, let me say it clearly, you cannot trust police and other gov agencies under NS to do fair investigation. Myriad of instances could be quoted where police did not do its job impartially. If there is no legal framework to involve ISI and MI then it can be made within reasonable time. Actually, point is whether we want to resolve the issue of May 2013 election rigging or not? Also do we want the culprits hold accountable or not?? Ball is now in gov's court.....
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Nov 11, 2014 10:00am
Third umpire should come in the field now! Bravo PTI for legalizing the role of military in politics
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Nov 11, 2014 10:02am
Finally, IK has spoke his heart...
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Nov 11, 2014 10:09am
Imran is wrong in this one but his supporters will continue to make excuses. It does smell of him trying to pull in the puppet masters in to the mix, the same group that has benefited the most from the dharnas, the army.
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Nov 11, 2014 10:18am
What a farce. The role of ISI and MI were first suggested by Dar nobody questioned and raised hue and cry over it.
Simply because IK matters.
#khanalltheway
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Nov 11, 2014 10:20am
If the suggestion of PTI chief to include ISI and MI representatives in the inquiry of rigging in elections 2013 is bizarre then what about Nawaz/ Shahbaz Sharif and other political leaders of IJI etc who allegedly acted as operators to rig the Mehrangate scandalous elections?.If they have rigged the elections previously there are all the chances that they would have rigged the elections in 2013 being politically more powerful in 2013. Historically Civilian bureaucracy,Judges,Election Commission(EC),Police,FIA,IB etc all have been involved in allegations of election rigging and to queer the electoral pitch against their opponent democrats and civilian politicians.The current rigging allegations in election 2013 pertains to the ex CJ of Supreme Court,member retired judges of the EC,ROs(serving judges),etc.The choices are either to go for fresh elections after plugging the rigging holes or make an independent/ effective commission as per the proposal of PTI chief to probe rigging and electoral fraud charges.
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Nov 11, 2014 10:25am
if you base your arguments based on historical events, then unfortunately, our history is full of blunders done by generals, judges and politicians as their nexus can do such things, due to the fact that one faction can not be blamed for wrongs done in history. Are you sure that FIA or other organization can carry out such a job in an impartial way?
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Nov 11, 2014 10:32am
What's so wrong about it ? What's the ISI and MI's primary task? To investigate. What does every Pakistani want right now? For the rigged elections of 2013 to be investigated. It's not rocket science. Who else do you trust to carry out non-biased investigations in Pakistan? Punjab Police? FIA? Give me a break.
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Nov 11, 2014 10:40am
Let Imran Khan continue his dharnas. He only exposes his power hunger with each dharna, and also spends more of his funds in transporting and feeding his "demonstrators" ("spectators" is a more accurate term).
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Nov 11, 2014 10:46am
If we don't involve MI and ISI it means more judges are going to be corrupt. You know Nawaz Shareef and Zardari !
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Nov 11, 2014 10:48am
They used to Call Scotland Yard all the time, why IK cannot ask our agencies? In the end everyone knows Army will be solving the crises, there is no other institute which has not been corrupted.
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Nov 11, 2014 11:06am
@ahmed Actually no, he only exposes the hypocrisies of the ruling elite that we call PMLN & PPP.
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Nov 11, 2014 11:06am
At first Islamic Summit held in 1969 at Morocco , Gen.Agha Yahya Khan represented Pakistan , at the first day controversy was begin to invite Indian delegation to attend the summit as India has also umpteen number of Muslims, Gen.Yaha felt unhappy with the decision , he contacted his top most diplomat Agha Shahi how to counter the situation nobody convinced the then president what to do? President yahya confessed being a Military Person i don't know what to do , how to resists Indian presence at Morocco. Bureau Chief Of Dawn News (London) met with President and convinced him in 2 minutes that Indian participation will weaken two nations theory , Our Ambassadors proved guilty that they are inefficient and overrated , they were defeated by Indian lobby , Gen Yaha decided to return back to Pakistan as soon as possible , the moral of this reference that Military is capable to secure internal and external threats. We have a proud on our armed forces , however Imran Khan's proposal to include M.I and ISI persons for inquiry of the alleged rigged election seems childish act. Let the armed forces do their best for what they are trained , we should not disturb them to interfere in our helm affairs,
Judiciary is well adept to tackle these allegations if they would be not controlled by other masses. Imran can influence the government for neutral election inquiry commission, In our constitution there is no any leniency to fulfill such demands as asked by Imran Khan , I want Imran should review his decisions.
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Nov 11, 2014 11:26am
The government them-self requested Army Chief to solve this political crisis few weeks back?
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Nov 11, 2014 11:27am
The government them self requested Army Chief to solve the political crisis few weeks back.
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Nov 11, 2014 11:41am
On the participation of ISI and MI in investigation of 2013 election ragging under SC of Pak, Government have already accepted this proposal given by PTI in their last meeting.Now if the Government have clean hands than why they are not proceeding towards investigation?
A simple question to all readers.
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Nov 11, 2014 12:24pm
@Ahmad M. Quazi
Sir, please show me one 'democratic' country where the military is involved in politics. Yes, there likly irrgularities in the election...but ppl in Pakistan need to be little patient and let the democratic process take hold. All the bad apples will be weeded out overtime. Imran Khan has been making outrageous demands and allegations (but providing very little evidence that can hold in a court of law). And lastly, if he truly believes there was mass rigging, he needs to be serious and resign frol KP govt....of course he wil not do that because his own party members will leave the party. IK plz go home and work on election reforms (within the assembly) and try to win in the next elections..(dont worry you won't be too old to take the PK ppl for your joy ride)
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Nov 11, 2014 12:41pm
I dont agree with the writer who seems to have no clue what IK has said. Involving the MI and ISI in the investigation team doesn't mean involvement in the electoral process. Why is the govt making excuses?
They (PM) is taking the whole family abroad and spending millions of hard earned public money on their lavish life style which is very constitutional. How much are the rulers going to abuse the nation? Please visit Thar Mr PM. You are not appointed to this office to sit in super luxury PM house when people are dying of hunger.
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Nov 11, 2014 12:43pm
It is very important and crucial when you judge to recognize that you have to stay impartial. That's what the nature of judiciary's job is. They have to unhook themselves from my emotional responses and try to stay within their unemotional, objective persona.But the million dollars question is... is it possible in Pakistan...it is the personal interest that counts not the collective interest...
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Nov 11, 2014 12:44pm
@openmind But the issue here is the partiality of ISI and MI. Proof: mehrangate scandel
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Nov 11, 2014 12:53pm
As a democratic setup we need to understand the role of different pillars of the society namely judiciary, executive, parliament, CEC etc. We can't just keep dragging Army into every matter. Also don't forget it is because of Army's interventions that our institutions haven't matured and we're having debates that should have happened 50 years ago.
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Nov 11, 2014 01:02pm
IK new demand may be to include his spiritual brothers TTP leadership in the judicial commission. does not he know that it has always been the ISI rigging the elections. he is so desperate to drag third empire into game
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Nov 11, 2014 01:06pm
@Anarchist
We can ask the same question to you my friend. But lets get past that. The biggest red flag raised against this suggestion is the fact that it involves the very agencies we are trying to isolate from the democratic process and form of government. That is not to say the civilian government or the Pakistani nation is in any way against our military agencies. But involving them will drag the military back into our national politics and this will be harmful for all, including our military.
It is must be so that IK endeavors to restore confidence in our civil institutions at all cost. And if there is an argument stating that this is an impossible task and all other parties will be against him, then we must ask why is he even claiming to be a leader??
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Nov 11, 2014 01:06pm
Doesn't the FBI conduct inquiries against lawmakers in US?
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Nov 11, 2014 01:34pm
@Anarchist Neither we are naive nor we are insane , IK is novice in politics , he is playing in the hands of secret conspirators. He should learn some lessons of politics from Nawaz Sharif and Moulana Fazal Ur Rehman , He will not gain anything but be infamous in the public .
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Nov 11, 2014 01:47pm
Don't try to portray him as some kind of an intellectual or a philosopher. They buy could not take his loss gracefully. That shows his weakness as a man.
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Nov 11, 2014 02:08pm
The Judicail Commission is hapless without investigatory work assigned to finest in the country, the Police being reduced to no more than Chowkidaars for VIP and their families. Imran should continue his protest and up the ante on 30th November so as to ensure Pakistan is in locked down. The obstacles created by Government is admission of serious wrong doing. The Court has a role to play if its stop being the Pied Piper of Government.
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Nov 11, 2014 03:15pm
We call army in all states of emergency,so why not to ask them to help investigate the issue of alleged electoral fraud which is next to destroying the whole democratic system.
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Nov 11, 2014 03:20pm
@OSD ISI, MI and other agencies would help investigate the matter, nothing more. This is not unprecedented. In fact a judicial commission can itself ask these agencies for assistance according to the law. It is not unconstitutional.
Last, IK is not asking them to offer legal expertise, its the commission that would render a judgment, not ISI and MI. It does not mean dragging military into politics. It was NS who dragged military by asking Raheel to 'facilitate'. Do you guys really believe that Punjab police, FIA, IB and other agencies under NS can conduct a fair investigation? Also, if that was the case why did PML-N agree to it during negotiations?
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Nov 11, 2014 03:43pm
I am perplexed at the knowledge of the write ......if that's the intellect of our journalist we are doomed. See the OP-ED column od NY Times just to see the depth perception.
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Nov 11, 2014 03:50pm
Imran never ceases to hold up western democracies as an example to follow but when it comes to investigating electoral fraud at home, he dons the hat of a lowlife nobody who roam our political landscape finding ways to muscle in soldierly "wisdom".
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Nov 11, 2014 04:52pm
@Dilectus You are very naïve if you think that ISI and MI have any credibility.
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Nov 11, 2014 07:12pm
A straight line between "A" and "B" in is not always the shortest line in politics. Sometimes visiting "C" is in order.
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Nov 11, 2014 09:14pm
Record of our judiciary is not unblemished , reputation of supreme court judges is tainted , many commissions were formed under the supreme court,final reports never saw the lightb of the day. ISI or any other intelligence agency will act as an observer to see that investigation is transparent. If Nawaz Sharif believes that previous election was fair & he genuinely won the election, then what is he afraid of ?
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Nov 11, 2014 10:49pm
One wonders the degree of IKs trust in the neutrality of certain agencies with regard to electoral process. He also keep demanding the punishment for those who were involved in the mehrangate scam. Those who highjacked a whole election by engineering an electoral alliance are now presented as the only guarantor for the free and fair elections. It is simply unbelievable.
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Nov 12, 2014 12:49am
asking MI and ISI to be a part of the commision is unconstitutional but then is rigging the elections constitutional .and you need law enforcement officials and intelligence who cannot be pressurized
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Nov 12, 2014 01:05am
Election rigging is a crime, and investigation agencies do investigate crimes. So what is this fuss all about? Let ISI and MI be part of investigation team. FIA and IB are just an extension of the government and cannot be trusted.
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Nov 12, 2014 04:31am
It may be difficult to prove any rigging in the past elections, but future rigging can be prevented by making new laws, if politicians do not waste time to prove rigging or no rigging in the last election.
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Nov 12, 2014 04:53am
Until Mr. Imran Khan proves in a court of law that rigging took place in 2013 Election to the extent that if rigging had not taken place the PTI would have won in majority of electoral constituencies thus forming government and he would have become the Prime Minister. Most likely courts will audit votes in each of the 332 constituencies. There is also the possibility that courts may only audit those electoral constituencies where a grieved (or loser candidate) makes application to court claiming if the votes were not rigged, he or she would have won. It will be the most complicated and long trial and before it ends, there will be new election. This will definitely affect Mr. Imran Khan's health.
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Nov 12, 2014 05:04am
About the first point -- wanting to have ISI role in investigation ---
1- that tells us how much people have faith in our so called democratic and judicial branches. It's shamefull but it's the truth.
2- it's the authors opinion but as for me , I think it's ok to have all the stake holders involved ( like it or not , army has a big stake in all this and they are watching closely)
3- our ex CJ being controversial , having played a very questionable role in election --(according to IK) why would he trust the judiciary?? And I can see his point.
4- I clearly remember during the early part of protest when jirga was active--- PMLN had shown willingness for the same. So why not?
5- can we start counting how many joint investigations --- and did we ever see any results -- eg: model town killings , law minister bribery tape etc. point being -- those teams are fake -- as simple as that
6- finally , I for one has more trust in the army than these so called democratic branches including parliament and judiciary. ( and I'm not in the army or even related to anyone in the army)
Simply put ----- if things don't change soon , I'm willing to stop doing these experiments with democracy --- let's face it-- it's a failed experiment for Pakistan. And not willing to listen to ANY MORE excuses like -- it needs more time, O , it's a slow process , and on and on.
I see one person who talks about true democracy and all the forces come out against him.
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Nov 12, 2014 05:05am
IK proposal is 101% perfect for existing issue. The support of MI and ISI is to assist in investigation for the final conclusion of Judges. ISI and MI members will work under judicial members as Jury members and will submit investigation report to the judicial commission, under the direction of judicial members judges. Investigation of different several members and each member will submit his report to Judges or judicial commission for final order to be sign by the head of judicial commission. ISI and MI investigation is neither final nor ruling. I will recommend that more honest and nonpartisan members should also be included for their investigation reports to assist the judicial commission for right decision. Minimum members including three of judges should be at least 12.
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Nov 12, 2014 05:07am
@Qamar
Well -- they're scared that NS may not be able to buy them all especially army! Lol. That's the fuss
And this time too -- they are trying to hide behind democracy ---
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Nov 12, 2014 06:15am
@Anarchist : you are naive or what! As per constitution and democratic norms, ISI and MI are also under the government and directly responsible to PM. However, judiciary is not. FIA and IB, being federal agencies, have got the specialities and mandate to probe into election rigging.
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Nov 12, 2014 07:53am
IK is the voice of the youth
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