The Election Commission of Pakistan (ECP) has ordered for the release of two candidates from South Waziristan who are contesting election on the respective seats of Khyber Pakhtunkhwa Assembly scheduled for July 20. On June 19, the security agencies arrested one Muhammad Arif who is contesting the election from PK-113, South Waziristan-I. On June 24, the security agencies arrested another candidate Muhammad Iqbal who is contesting election from PK-114, South Waziristan-II.
The ECP took notice of the matter and summoned Secretary Home and Tribal Affairs Khyber Pakhtunkhwa Ikramullah Khan on Friday. "The said act of the administration prior to conduct of election is tantamount to obstruct the election campaign and the constitutional duty of the Election Commission in respect of free, fair and transparent elections in accordance with the Article 218(3) of the Constitution," the ECP said in its notice to the secretary issued earlier on Thursday last.
Sources in the ECP told Business Recorder that the secretary's office intimated the Commission that he was not able to appear before the Commission on Friday due to his official tour to remote parts of the Khyber Pakhtunkhwa. The KP Home Department, sources said, informed the Commission that the two candidates were arrested for allegedly delivering speeches against Pakistan's state institutions during their respective election campaigns. After reviewing the matter, the Commission ordered the deputy commissioner South Waziristan to release the two candidates.
Sources said the ECP is of the view that security agencies have the authority to arrest any individual found involved in 'anti-state activities' but any candidate contesting election cannot be arrested on any pretext without the prior permission of the ECP once the related election schedule is issued.
"The ECP has asked the KP government to have the two detainees released. If the security agencies had evidence against the two candidates and they wanted to arrest the accused, the relevant authorities should have sought the ECP's permission before the arrests. If both the accused are involved in any unlawful activity, they can be arrested after the election process in erstwhile FATA (Federally Administered Tribal Areas) is completed," said a well-placed official privy to the matter.
Both the accused have been arrested in the light of Section 3 of West Pakistan Maintenance of Public Ordinance 1960. This Section reads: "(3) (a) An order of arrest under sub-section (1) may be addressed to a police officer or any other person and such officer or person shall have the power to arrest the person mentioned in the order and in doing so he may use such force as may be necessary. The police officer or the other person, as the case may be, shall commit the arrested person to such custody as may be prescribed under sub-section (7). (b) A police officer not below the rank of sub-inspector, if satisfied on receipt of credible information that a person against whom an order of arrest or of arrest and detention has been made under this section is present within such officer's jurisdiction, may arrest him without a warrant in the same manner as he would 'have done if such order of arrest had been addressed to him, and thereupon commit the arrested person to such custody as' may be prescribed under sub-section (7), or if he receives any requisition."
The ECP is scheduled to hold elections on 16 seats in KP Assembly of erstwhile FATA on July 20. These seats include; PK-100 Bajaur-I, PK-101 Bajaur-II, PK-102 Bajaur-III, PK-103 Mohmand-I, PK-104 Mohmand-Il, PK-105 Khyber-I, PK-106 Khyber-II, PK-107 Khyber-III, PK-108 Kurram-I, PK-109 Kurram-II, PK-110 Orakzai, PK-111 North Waziristan-I, PK-112 North Waziristan-II, PK-113 South Waziristan-I, PK-114 South Waziristan-II, PK-114 South Waziristan-II and PK-115 Ex-Frontier Regions.
Earlier, elections were scheduled on these seats on July 2 but the ECP revised the elections date to July 20 on the request of KP government due to security reasons.
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