NA-75 Daska by-election ‘rigging’ matter: Shehbaz urges CEC to initiate ‘legal action’

ISLAMABAD: Leader of the opposition in the National Assembly Shehbaz Sharif has urged the chief election commissioner (CEC) to initiate legal action against the election officials, persons performing duties involved in “rigging” and “fraud” in the NA-75 Daska by-election on February 19, 2021.

In a letter addressed to CEC Sikandar Sultan Raja, the opposition leader also demanded to initiate further probe to identify, fix responsibility on, and file complaints against the persons at the federal and provincial levels – other than persons mentioned in the reports – who were “behind-the-scenes directors of the whole shameful episode and who passed illegal instructions” to the district functionaries to carry out “nefarious criminal acts”.

Shehbaz also suggested that in consultation with the political parties, formulate amendments in the Act/Rules/Code of Conduct/SoPs for holding the election to ensure that the “illegalities in the infamous NA 75 by-election of 19th September, 2021 do not recur.”

“I am writing to you with reference to the two Fact-Finding Inquiry Reports released some days ago by the Election Commission of Pakistan pertaining to the NA 75- Sialkot-V (Daska) by-election: (1) regarding breach of duty by presiding officers and security staff; and (2) against officers placed under suspension,” Shehbaz wrote in a November 23, 2021 letter to the CEC.

He maintained that both reports contain “compelling and indisputable” facts which constitute a “damning indictment” of the Punjab government for “pre-meditated and systematic rigging” of the by-election in NA-75.

“Overwhelming evidence of such rigging was available immediately after the by-election, which was one of the most controversial by-elections in Pakistan’s election history,” he said, adding that 20 missing presiding officers, firing in the air to terrorise voters, two persons killed, suspension/ deliberate slowing down of voting, bad law and order situation, etc were observed on the election day.

The by-election was declared null and void by the Commission on 25th February 2021 and fresh re-poll ordered. The decision was upheld by the Supreme Court of Pakistan on 2nd April 2021.

“Both reports in effect confirm the widespread view [the PML(N) was certain ab initio] that the illegal events on polling day were pre-planned and executed in connivance and with active collaboration of the district authorities at the behest of the Punjab government,” he maintained.

He added that the report makes specific recommendations regarding initiation of disciplinary and criminal proceedings against individual POs and other officers of the Education Department. Similarly, departmental and criminal action has been recommended against officers/personnel of the police, whose illegal activities included taking 20 POs into custody and transporting them to some “suspicious” places, where election results were changed through threats, he added.

He stated that one of the key findings in the second report is that the District Administration was “in the loop” regarding “undesired and illegal incidents” in the by-election, adding that the “lethargic” behaviour of the DPO and senior police officers “strengthened the apprehensions that the department was already in knowledge of what was going on and they allowed to let the things happened as per planning”.

He maintained that the DC and DPO Sialkot have been found guilty of misconduct, adding that AC Daska not only misused his official position but “tried his level best to jeopardise the election process and alter the results in favour of the government” and also gave “unlawful directions to the polling personnel”, both of which were “criminal acts on his part”.

He further stated: “His [AC Daska] residence became a pivot of unlawful activities where meetings of government functionaries were held regularly” (including by an Advisor to the Chief Minister and an officer of the Chief Minister’s Secretariat). DSPs and other police personnel performing election duties were also found to be involved in violations of legal provisions, Code of Conduct and Security Plan, etc, he added.

“As mentioned, the facts disclosed/confirmed in the reports establish election rigging of an unprecedented nature, which amounts to subversion of the will of the people, disrespect of the people’s vote, and a stain on our democratic system.

The ECP must take immediate, decisive, punitive action against all those responsible, which can serve as a deterrent to such illegalities in future, not only for election officials but also for all those involved in the electoral process, including behind-the-scene functionaries of the provincial and federal governments,” he demanded.

He further continued by saying; “I would strongly urge the Commission to exercise its powers under section 191 of the Act to file complaints before the Court of Sessions, Daska, against all election officials /persons performing duties in connection with the election who have been identified as having committed offences under sections 184,186 and 187, punishable under section 188 of the Act; exercise its powers under section 190 to file complaints against persons found to be involved in offences under section 167 (read with section 172) and section 175, punishable under sections 174 and 183 respectively.”

He also urged the Election Commission to initiate/finalise disciplinary action against the concerned officials under section 55 of the Act.

Copyright Business Recorder, 2021