Expats’ voting rights: SC removes objections to IK’s and others’ petitions

ISLAMABAD: The Supreme Court removed the objections on Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s and others’ petitions on overseas Pakistanis voting rights in the general elections.

A two-judge bench comprising Justice Ijazul Ahsan and Justice Mazahar Ali Akbar Naqvi on Wednesday heard the PTI chairman’s and others’ petitions to strike down the amendments made through the Elections (Amendment) Act, 2022 being ultra vires of the constitution.

Justice Ijaz stated; “Billion(s) of dollars are being taken from financial institutions and foreign countries, while the expats who send $30 billion annually are being told that they cannot vote.” “They are told to fly back to the country if they want to vote,” he further said.

Justice Mazahar said that overseas Pakistanis bring in foreign exchange to the country and they must be facilitated on a priority basis. He said that the whole world uses modern devices, for every little thing. “Why can’t they be used for voting?” he asked.

About the concern that the overseas Pakistanis right to vote is being curtailed due to fear of rigging, Justice Mazahar stated that fake votes can easily be polled while voting from within the country as well.

The apex court observed that the overseas Pakistanis’ right to vote appeared to be a matter of public interest and a fundamental human right, adding that the court has delivered several decisions related to the rights of expats.

Justice Mazahar questioned if the present assembly was empowered enough to make amendments regarding the fundamental rights of the expats, considering the insufficient number of members in the assembly.

The PTI has filed a petition against amendments to the Elections Act, 2017 — which disallows overseas Pakistanis from voting electronically. It contended that the amendments were “discriminatory” and “violative of fundamental rights and merits”.

The bill seeking electoral reforms was passed by the National Assembly and the Senate in May this year. The bill was passed by the joint sitting of the parliament after President Dr Arif Alvi sent it back without giving his assent.

In the petition the federation, through the Ministry of Parliamentary Affairs, Ministry of Law and Justice, Ministry of Overseas Pakistanis and Human Resource Development, Ministry of Foreign Affairs, the Election Commission of Pakistan (ECP) and the National Database and Registration Authority (Nadra) are cited as respondents.

The petitioner contended that the amendment made to Section 94(1) violated the fundamental right to vote of 10 million overseas Pakistanis. “Overseas Pakistanis send home remittances of approximately $30 billion annually, constituting approximately 10 percent of Pakistan’s gross domestic product”.

He further stated that under Article 5(2) of the Constitution, overseas Pakistanis were subject to the laws of Pakistan and even to its tax laws under “certain circumstances.” “To disenfranchise such a large group of Pakistani citizens, on the basis of their locality, by not granting them the facilities for the exercise of their fundamental right to vote, would be to violate the principles of freedom of association and equality of citizens enshrined in Articles 17, 25, and 51 of the Constitution,” the petition added.

Copyright Business Recorder, 2022