ISLAMABAD: The Pakistan Peoples Party (PPP) has said that magisterial powers for the 2018 elections have been given to the army by the Election Commission of Pakistan (ECP), and not by parliament.

“The law minister’s assertion that parliament gave magisterial powers to the army is at best a self-serving half truth and at worst downright manipulation to pave way for polling day rigging and is rejected,” said PPP Parliamentarians secretary general Farhatullah Babar in a statement issued on Tuesday.

He said section 193(a) of the law passed by parliament also granted magisterial powers to an officer of the armed forces but only in respect of offences of impersonation, or capturing of polling station or polling booth punishable under section 174.

However, he said, the ECP notification issued on July 10 first empowered troops to take action even in respect of offences not mentioned in the law.

Secondly, the law restricted exercise of such powers to the election day, but the ECP extended it “for entire period of deployment”, he added.

Far more ominously, he said, the troops have been deployed under Article 245 of the Constitution which means that their actions cannot be challenged even if they were to set up military courts.

“All this renders army personnel completely independent of the presiding officer and the election commission and do what they like,” he feared.

Mr Babar said the ECP sought to correct the offences of which cognizance might be made. “This, however, makes no difference as the troops will exercise powers under Article 245 for the entire period of deployment and not only inside but also outside the polling stations,” he added.

“Ominously, the army is authorised to take immediate action in case the presiding officer does not act to prevent commission of any irregularity,” the PPP leader said.

He said the provision amounted to giving powers to the army to take action by presuming the intentions of the presiding officer, adding that “it literally means that troops have carte blanche to do whatever they like both inside and outside the polling stations without any questions asked”.

Mr Babar said contradictory statements by responsible state functionaries only strengthened doubts and misgivings.

“First it was stated that magisterial powers had been given only to returning officers, but later gave these powers to the army also. First it was said that the army would be deployed only outside but it was quickly changed and troops were allowed inside the polling stations,” he added.

Former leader of the opposition in the National Assembly Syed Khursheed Shah said it was for the first time that polls were being held under direct supervision of troops which was not a sagacious step. “It could bring a bad name to the army because earlier people blamed returning officers for rigging but now they will malign army,” he said.

Published in Dawn, July 25th, 2018