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Thursday February 27, 2025

PTI braces for legal innings as PHC takes back ‘bat’

By Amjad Safi & Mumtaz Alvi & News Desk & Sohail Khan
January 04, 2024

PESHAWAR/ISLAMABAD/LAHORE: In a rude shock upsetting the beleaguered PTI’s political applecart, the Peshawar High Court (PHC) Wednesday restored the Election Commission’s Dec 22 order declaring its intra-party elections as unconstitutional.

The decision deprives the Pakistan Tehreek-e-Insaf of its head and the electoral symbol. A single bench of the high court — headed by Justice Ijaz Khan — vacated the single bench’s Dec 26 stay order, which had suspended the ECP’s decision till January 9 and allowed the PTI to use ‘bat’ as its symbol.

Man selling keychains of PTI party symbol bat in Lahore. —Online/file
Man selling keychains of PTI party symbol 'bat' in Lahore. —Online/file

Senior lawyer Qazi Muhammad Anwar represented the PTI, while Sikandar Bashir Mohmand and Mohsin Kamran Siddique represented the ECP. One of the complainants was represented by Naveed Akhtar, Advocate.

Qazi Muhammad Anwar argued that the ECP’s decision to deprive the party of ‘bat’ was illegal and that no action had been taken against other parties not holding the intra-party polls. He said the ECP’s review plea was not maintainable, as it used the court powers, declaring the PTI intra-party elections null and void and depriving it of the election symbol. He said the PHC’s verdict in this regard was yet to be implemented by the Election Commission.

The bench asked whether the PTI had filed a contempt of court petition against the ECP to which the PTI counsel replied in the negative. He pleaded that the federal and provincial governments’ law officers had also refused to become a party to the case on December 26. A similar case was also being heard in the Lahore High Court; therefore, the party should be given time till January 9.

However, the ECP lawyers said the high court wasn’t the right forum to challenge the orders passed by the country’s top electoral body. They argued that 19 other political parties’ intra-party elections were under trial in the ECP, so it was wrong to assume that only the PTI faced such cases in the ECP.

The ECP lawyers said the PTI should have moved the Supreme Court, as the ECP was responsible for conducting free and fair elections under the law by making necessary arrangements ahead of the polls.

The ECP lawyers said the single-member bench had observed that the election was a process, which started with issuance of the election programme and consisted of various links and stages, including filing of nomination papers, their scrutiny, hearing of objections and holding of transparent polls.

They argued that if any of these stages were challenged, it would amount to challenging the election process. The lawyers said the Supreme Court had given clear directions about using the administrative as well as constitutional powers of the ECP. The ECP was legally empowered under Article 218(3) to exercise its powers pre-emptively to avoid a violation of these standards, they added.

The lawyers said the petitioners had sought “interim relief” against the suspension of ECP’s order and, therefore, the court could not grant final relief as an interim relief, which meant that the single-bench judgment was against the law as well as against the Supreme Court verdicts delivered in several cases.

The counsel further informed the bench that the PHC’s previous decision had disrupted the ECP’s ongoing smooth process for the general elections, which should be reversed and the latter’s verdict be restored. One of the complainants, Jehangir Khan, a former vice-president of PTI Charsadda, argued that he supported the arguments of ECP lawyers.

In its six-page order, the PHC noted that its earlier verdict had “prima facie created hindrance in the smooth process of the election which is to be conducted by the ECP”. “...the interim order of this court passed in favour of the PTI is hereby recalled and consequently the Election Commission of Pakistan is directed to proceed with the election process as per its constitutional mandate.”

“... whereas the grievance of the petitioner as agitated in the main writ petition is to be considered and finally adjudicated upon by this court on the date fixed.”

In a related development, the Supreme Court issued notices to the Punjab chief secretary, inspector general of police (IGP) and advocate general on a contempt petition — filed by the PTI against the Election Commission and others — complaining denial of a level playing field in the upcoming general elections.

Headed by Chief Justice of Pakistan Justice Qazi Faez Isa, a three-member bench heard the contempt petition. Justice Muhammad Ali Mazhar and Justice Musarrat Hilali were the two other bench members. The court sought a report from the Punjab chief secretary, IG and advocate general about the implementation of its Dec 22 order, directing the Election Commission to address the PTI’s demand of having level playing in the upcoming elections.

Appearing on behalf of the PTI, counsel Shoaib Shaheen and Latif Khosa submitted that the provision of a level-playing field was quite necessary for a healthy contest but it was not being provided to the party in Punjab. The chief justice asked Khosa if the PTI had filed a complaint with the electoral body against the violations.

Khosa replied that the party did not submit a complaint since the Punjab election commissioner had, on December 24, written a letter to the provincial chief secretary and IG regarding the matter.

The chief justice observed that nothing came of the allegations made by the PTI in the 2013 elections as well. “You wasted the court’s precious time even then. This court was the same forum where the allegation of ‘35 punctures’ was thrown around,” the chief justice told Khosa.

The chief justice said the PTI had appointed the incumbent chief election commissioner and not the court. “The main problem is that nobody takes its responsibility,” the CJP remarked and asked Khosa if the instant matter should have been taken up by the court. “We, however, have given you the extra mileage. Courts stand behind every political party. Those who have objected to the rejection of their nomination papers should approach the election tribunals,” he observed.

Justice Isa asked Khosa to prove that the electoral body had violated the court’s direction on the redressal of PTI’s level-playing field grievances. Khosa replied that he had brought a CD containing the whole evidence. He said the PTI leaders were not allowed to submit their nomination papers and the entire Pakistan knew what was happening to the PTI. However, the chief justice asked Khosa to argue on the law and Constitution instead of making a political speech in the courtroom.

Referring to the allegations levelled by the PTI against the IG and chief secretary, the chief justice wondered as to what the two officers had to do with the election. “Do you want action against individuals or the Election Commission of Pakistan?” the chief justice asked Khosa.

Khosa contended that the Election Commission was required to fulfil its constitutional obligation of ensuring free, fair and transparent elections. “Of course, we are saying that it is the responsibility of the Election Commission but you are seeking contempt of court against the IG and chief secretary,” the CJP said in response.

Justice Muhammad Ali Mazhar asked Khosa as to how many nomination papers of PTI’s candidates had been approved for the national and provincial assembly seats. “You are only highlighting those nomination papers which were rejected but do not disclose as to how many were approved,” the judge told Khosa. The chief justice asked Khosa if he wanted the Supreme Court to play the role of Election Commission.

Khosa contended that only nomination papers of one political party were being rejected and requested the chief justice to play the CD which will show how his party was being victimised. The chief justice asked Khosa to approach the appellate tribunals formed in all the high courts for redressal of their complaints.

The court asked the ECP officials whether the PTI was being provided with a level playing field. DG Law Election Commission of Pakistan informed the court that every complaint filed by the PTI had been forwarded to the authorities concerned and they were decided under the law. The court adjourned the hearing until January 8 after issuing notices to the Punjab chief secretary, IG and advocate general.

Meanwhile, reacting to the Peshawar High Court’s decision, PTI’s former chairman Barrister Gohar Khan announced to move the Supreme Court for relief.

Talking to the media outside the Adiala Jail, he said they will approach the Supreme Court on Thursday (today) against the PHC decision. “Now we will lay the foundation of corruption and horse-trading. Whoever wins, democracy will be defeated. We are being subjected to political revenge. It’s a misconception that the Election Commission has not been heard,” he said.

Gohar said the Supreme Court had observed that withdrawing the election symbol was like ending a party, adding that he was 99 percent sure that the Supreme Court would get them back the symbol. Gohar said if the elections were not fair, then the economy, including the International Monetary Fund agreement, would be badly affected.

He reiterated that if ‘bat’ was not restored, then every candidate would contest independently. “We will contest with Under-19 but will not leave the field,” he said with determination. Referring to the political opponents, Barrister Gohar said they were also afraid of Under-19 adding if the election symbol was denied to them, they would follow the Plan B. He foresaw a controversial election and said the world would not accept it. He said the PHC decision was made in haste.

Talking to reporters in Islamabad after his arrival from Peshawar, Barrister Gohar Ali said he had completed the consultation process with the party’s founding chairman Imran Khan and the allotment of tickets would be finalized within two days.

Expressing disappointment over the Peshawar High Court’s verdict, he said ‘bat’ was not just the PTI’s electoral symbol but of millions of Pakistanis. Gohar alleged that brutal and unlawful tactics were being used against the PTI and its leaders and workers. He further alleged the ECP was being used to corner his party at all costs, which was no service to the country because giving government to a party having 20 or 25 percent public support against a party having the support of over 70 percent of the people would be a great injustice to the country.

In another related development, the Lahore High Court reserved its decision on the admissibility of petitions against the withdrawal of the election symbol of PTI and annulment of its intra-party election. Justice Jawad Hassan asked if the high court could intervene in a matter being heard in the Supreme Court and if relief had been obtained from any other court and the same relief could be given by the Lahore High Court.

He further asked if the political party had challenged Section 255 of the Election Act. The court directed that the petitioner should submit written answers to the questions. The court remarked that 6 petitions were under hearing in the Supreme Court and asked why the same were not referred to the Peshawar High Court again. The court remarked that the Election Commission of Pakistan prima facie had the authority to cancel the election symbol.

The judge said that the chief justice of Pakistan had directed that the cases be decided as per the Constitution and law and it was not prohibited to decide according to the Constitution and law. The court declared that the chief justice intended that there should be no delay in the elections.