The National Judicial Policy-Making Committee (NJPMC) on Saturday acceded to Election Commission of Pakistan's request for allowing appointment of judicial officers as district returning officers and returning officers in the next general election. However, the NJPMC has relaxed restriction in supreme national interest on involvement of judiciary in the election process only for one-time during the forthcoming general election.
According to a press release issued here, NJPMC has decided to provide services of adequate number of judicial officers to the Election Commission of Pakistan for their appointment as District Returning Officers and Returning Officers in the upcoming general election.
According to details, a special meeting of the NJPMC was held under the Chairmanship of Chief Justice of Pakistan Iftikhar Muhammad Chaudhry to consider the request of Election Commission of Pakistan (ECP) regarding appointment of judicial officers as District Returning Officers and Returning Officers in light of comments offered by the Elections Commission of Pakistan on the points raised by the Committee in its last meeting held on 03-11-2012.
The Committee has observed that since the administration of justice is the prime responsibility of judiciary; therefore, the judicial officers so appointed as District Returning Officers and Returning Officers should do their routine judicial work and perform election duties in extra hours in mornings and evenings so that litigants should not suffer.
The Committee also asked the Election Commission to facilitate the polling staff and provide all possible logistic and financial support to District Returning Officers and Returning Officers to meet immediate expenditure and contingencies during the election process.
It also observed that the Presiding Officers and Polling Staff have a key role in the election process; therefore, it was recommended that their deployment should be made carefully to eradicate the possibility of their involvement in corrupt practices. In his introductory remarks, the Chief Justice of Pakistan stated that no one can deny the fact that holding of free and fair election is a pre-requisite for sustainability of democracy which ensures prosperity through good governance. The sentiment of political parties, civil society and media to enhance the credibility of election process by involving judiciary is a good omen.
He further stated that unfortunately in the past, involvement of judiciary in election process had adversely affected the judicial work; therefore, at the time of framing National Judicial Policy, it was considered appropriate to keep aloof the judiciary from the election process and focus all its energies and time on administration of justice.
He further stated that during the last few years, the Judiciary has struggled for its independence and has won the confidence of masses as protector of their rights. "Therefore, this meeting has been convened to consider the request of Election Commission of Pakistan and decide with consensus to what extent and in which form the judiciary may be involved in the election process so that its impartiality and independence should not be questioned."
Earlier, Ishtiaq Ahmed Khan, Secretary, Election Commission of Pakistan (ECP), briefed the Committee about the steps taken by the Election Commission of Pakistan to conduct forthcoming general election in a transparent manner. He spoke about the efforts made by the Commission to update and rectify the Electoral Rolls in light of directions issued by the Supreme Court of Pakistan and address the concerns of different political parties. He further said that with the assistance of Nadra the Commission has updated the Electoral Rolls and presently 84.365 million voters have been enrolled and the process is still under way. He also briefed the meeting about the implementation status of directions issued by the Supreme Court of Pakistan in its judgement to ensure conduct of election in a free, fair and just manner.
The Secretary ECP said that to enhance the credibility of election process the services of employees of federal, provincial and autonomous bodies have been requisitioned for mixed deployment. He further said that for deweaponization of constituencies and to ensure polling in a free and congenial environment, a complete ban on display of arms, firing in air would be imposed during the election campaigns and polling.
He said that in this regard relevant legal provisions of Election Laws, Cr.PC and Arms Ordinance would be invoked. He further said that a comprehensive security plan for the protection of District Returning Officers, Returning Officers and other polling staff and voters during the elections and till consolidation of results have been devised and would be employed with the help of police, armed and paramilitary forces. He said that they are considering monitoring polling through installation of Close Circuit TVs (CCTVs) in and around the polling stations, particularly, in the sensitive areas.
The Secretary, Election Commission also said that after approval of Code of Conduct the same would be published for information of general public. The Committee recommended that the Code of Conduct may be translated and published into local/regional languages for easy comprehension. The Secretary, Election Commission further said that the Election Commission of Pakistan has revised the nomination forms and disqualification clauses provided in the Constitution are added therein and an Urdu version thereof would be available to the candidates for their easy comprehension.
The Secretary, Election Commission, said that the instructions issued by the Supreme Court of Pakistan to monitor the election expenses, election campaign, ban on installation of camps near polling stations are being followed in the by-elections. He further informed that every polling station within a radius of two kilometres will be established and if not feasible, transport would be provided to voters. He also said a training programme of capacity-building of District Returning Officers, Returning Officers and other staff has also been provided. The Election Commission will chalk out a comprehensive practical training programme in consultation with the High Courts.
The meeting was attended by Justice Agha Rafiq Ahmed Khan, Chief Justice Federal Shariat Court, Justice Qazi Faez Isa, Chief Justice High Court of Balochistan, Justice Mushir Alam, Chief Justice High Court of Sindh, Justice Dost Muhammad Khan, Chief Justice, Peshawar High Court, Justice Umar Ata Bandial, Chief Justice, Lahore High Court, Justice Iqbal Hameed-ur-Rehman, Chief Justice of Islamabad High Court and Secretaries of Election Commission of Pakistan and NJPMC.-PR