Unjust measures

Published August 1, 2024

IS it a justified move or a needless provocation? Days after the Supreme Court’s order in the reserved seats case prompted several PML-N leaders to cast aspersions on senior justices and threaten repercussions if their government was ‘destabilised’, a lawmaker from the government benches tabled a bill to neutralise it. Where the order had directed the ECP to restore the PTI and return its share of reserved seats, the bill, which was approved yesterday by a National Assembly committee, says that a political party which fails to submit its reserved seats’ list in time should not be given any; that candidates who do not declare their political affiliation to the returning officer should be considered independents; and that no independent should be considered a candidate of a political party even if they file a statement to this effect at a later stage. To top it off, it proposes that these amendments should take precedence over any prevailing court orders.

One must understand the context in which the controversial Feb 8 elections were held while evaluating the government’s position. The ECP, over an incorrect interpretation of the Jan 13 verdict in the ‘bat symbol’ case, had refused to recognise PTI candidates’ right to contest the election. Not only did it take away their symbol, it also practically forced them to run as independents. In fact, instances had been reported of ROs refusing to accept nomination papers submitted by those known to be affiliated with the PTI even if they had filed as independents. It is convenient for the government to make a fuss about the timelines which the PTI missed while ignoring the fact that these issues arose largely because of the decisions taken by the ECP. The Supreme Court’s recent decision only sets right this ‘original sin’. Likewise, the ruling parties were not entitled to the two-thirds majority they were gifted thanks to yet another unlawful decision taken by the ECP. It was an unjust measure and has rightly been overturned. By introducing a legislative bill designed to challenge and frustrate the Supreme Court, the government has only raised more doubts regarding the legitimacy of its power, while also exposing the desperation with which it wants to retain it. It should have been content with keeping its majority and moved on.

Published in Dawn, August 1st, 2024

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