ISLAMABAD: The judicial commission, which formally commenced its investigation into allegations of rigging in the 2013 general elections on Thursday, accepted the Pakistan Tehreek-i-Insaf’s request to grant them another week to furnish supportive evidence in addition to their proposals to establish claims of systematic rigging in the last polls.

Advocate Hafeez Pirzada, representing the PTI, held consultations with party Secretary General Jahangir Tareen before he told the three-judge commission headed by Chief Justice Nasir-ul-Mulk that even though it would be more comfortable if 10 days were allowed, but one week would be fine as well.

“We only have 45 days of which you need 10 days to submit the relevant material,” observed Justice Amir Hani Muslim. But Mr Pirzada explained that the party was not asking for the suspension of the proceedings of the commission, which can continue with its investigation while the PTI submits the material.

On Thursday, PTI chief Imran Khan was also present in Courtroom No 1. Clad in his signature white shalwar-kameez and black waist coat, he seemed to be chewing gum the entire time.

Commission asks media to refrain from commenting on merits of the case to avoid influencing outcome

The commission made it clear that it was not concerned with the consequences of its report, which it will give at the conclusion of the inquiry, but cautioned political parties to remain confined within the three-point terms of reference enunciated in the ordinance.

Under the ToRs, the commission is required to determine whether the 2013 elections were organised and conducted impartially, honestly, fairly, justly and in accordance with the law or not. The commission will investigate whether the last elections were manipulated or influenced pursuant to a systematic effort or by design by anyone or not. It will also settle whether the results of the 2013 elections on an overall basis are a true and fair reflection of the mandate given by the electorate or not.

The commission would be working within the scope of the ToRs and anything outside them would not be considered, the chief justice clarified and asked the Election Commission of Pakistan (ECP) to submit its rejoinder on the proposals filed by the PTI, PPP and other political parties within seven days.

The commission also appointed former National Accountability Bureau (NAB) prosecutor general K.K. Agha as counsel to assist the commission and explained that it had received proposals on behalf of 21 political parties as well as 47 individual applications.

But the commission said that only those political parties which participated in the last elections would have the right to an audience. With regard to individual grievances, the commission will decide their fate at a later stage also emphasising that hearing before the commission was not adversarial but quasi-adversarial.

On the request of Mr Pirzada, the commission ordered Nadra to submit its analysis on 37 constituencies of the National Assembly as mentioned by PTI in its proposal, in three days.

The commission heard from different political parties on Thursday, through their counsel, one by one.

“Though we are sitting in the courtroom, these proceedings are of the commission and not the court that will hold public hearings because the report has to be made public. But if necessary, the commission can also consider holding in-camera proceedings,” the chief justice observed.

For the media covering its proceedings, the commission also had a request. “It expresses the hope that the media coverage of the commission will not be biased and its report will also not discuss the merits of the inquiry because it may influence the working of the commission.”

“The media will also not interview the heads or leaders of the political parties within the premises of the Supreme Court. At the same the political leaders will also avoid giving political statements or interviews to the media. Moreover, the reporting of the hearing will be based on facts instead of comments,” the chief justice said.

Taking the rostrum first, Mr Pirzada assured the commission that his client would endeavour to assist it in the best possible way.

The commission also emphasised the need to hear replies from the institutions against which allegations of systematic rigging in the last elections had been levelled.

During the hearing, Justice Hani asked Mr Pirzada whether the PTI intended to submit more material or whether the proposals it had furnished was all it had to contribute.

Mr Pirzada explained that a lot of homework had been done, but a week’s time would be sufficient for the rest of the documents.

The court also heard Sardar Latif Khosa on behalf of the PPP and Dr Khalid Ranjha on behalf of the PML-Q, Jamaat-i-Islami and other parties.

The next hearing will be held on April 23.

Published in Dawn, April 17th, 2015

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