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ISLAMABAD: The Supreme Court issued notices to the chief secretary, inspector general of police (IGP) and advocate general, Punjab to file a report on the allegations of the Pakistan Tehreek-e-Insaf (PTI) that its candidates are not provided a level playing field for the upcoming general elections.

A three-judge bench, headed by Chief Justice Qazi Faez Isa and comprising Justice Muhammad Ali Mazhar and Justice Mussarat Hilali heard the PTI’s contempt petitions against the Election Commission of Pakistan (ECP).

Justice Faez said they want to push for democracy but have noted that some people do not want elections. He said the Court is standing behind every political party, and it has been decided.

Level playing field: SC issues notices to Punjab IG, others on PTI’s plea

Sardar Latif Khosa, appearing on behalf of the PTI, argued that the apex court’s order dated December 22, 2023, has not been complied with. He referred to the letter of the provincial election commissioner, Punjab dated 24-12-23, which was addressed to the chief secretary and the IGP Punjab.

Khosa said the PTI candidates’ nomination forms were snatched and their proposers and seconders were picked up by policemen in plainclothes. He said this is the worst type of pre-poll rigging.

Justice Mazhar asked the PTI counsel that you have filed a contempt petition and not the new one then why you made the Chief Secretary and the IGP as respondents and want contempt proceedings be initiated against them. The chief justice questioned what the petitioner wanted from the apex court, as it had moved a contempt petition against the chief secretary and the IGP, while it is not their mandate to conduct elections.

The CJP further asked him that the PTI has invoked the Supreme Court jurisdiction under Article 204 of the constitution. “Please tell us which order of the SC, the ECP has violated?” Latif Khosa contended that the Supreme Court’s order to the Commission was not ceremonial, as it has to make sure that every political party gets a level playing field for the general elections 2024.

The chief justice told him that if any candidate’s nomination paper has been rejected then he/she should file an appeal. Khosa said that the nomination papers of 668 candidates of PTI have been rejected.

Upon that, Justice Mazhar questioned how many papers of PTI candidates have been accepted. The judge told the counsel that the information he had collected and furnished before the Court is from social media platforms and not from any credible source.

The chief justice said in the past they have seen the result of providing ROs for the general elections. The PTI alleged rigging, therefore, a Commission was set up to probe its allegations but had dismissed all of them as no proof was provided. The incumbent chief election commissioner had been appointed by the PTI, the CJP remarked.

Director General (Law) ECP informed that they were doing everything to ensure free and fair elections and submitted a 186-page comprehensive report. He said that requisite directions have been issued to the chief secretary and the IGP regarding the complaints of the PTI.

Latif Khosa was unable to provide the specific allegations, but only referred to the letter of the election commissioner, Punjab, and said that the chief secretary and the IGP Punjab disregarded the directions of the commissioner Punjab.

The court, therefore, in the first instance, issued notices to the chief secretary, IGP. The advocate general Punjab was directed to submit the report with regard to the directions issued by the election commissioner, Punjab and whether those were complied with or not, adding if not complied then what were the reasons.

The chief justice told the PTI counsel that technically it was the matter for the Lahore High Court to decide, despite that they had heard the case and adjourned the hearing until Monday.

Copyright Business Recorder, 2024

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