Relief for many PTI candidates: Don’t misinterpret Election Act to prevent contestants: SC

ISLAMABAD/ PESHAWAR/DAGGAR: In a major relief to the beleaguered PTI, the Supreme Court Friday allowed a number of its candidates from the national and provincial constituencies to contest the upcoming general elections.

On Friday, different benches of the apex court annulled the election tribunals’ decisions and directed the Election Commission of Pakistan (ECP) to issue election symbols to the eligible candidates. The apex court judges gave a number of interesting, insightful observations speaking volumes for their penchant for the rule of law and adherence to the basic rights of the citizens.

The court allowed former chief minister of Punjab Chaudhry Pervaiz Elahi to contest the upcoming general elections from PP-32, Gujrat.

A three-member bench of the apex court — headed by Justice Syed Mansoor Ali Shah — accepted the appeal of Pervaiz Elahi’s wife against the rejection of nomination papers of her spouse.

Justice Athar Minallah and Justice Jamal Khan Mandokhel were the two other members of the bench.

Justice Athar remarked that the Election Act should not be interpreted in such a way as to prevent someone from contesting the election.

“It is a settled law that if someone denies the ownership of a property, then the matter cannot be decided through a short trial,” Justice Minallah remarked.

Justice Athar Minallah asked under which law five separate accounts had to be opened for five constituencies.

“We have to interpret the Election Act in such a way that people are not deprived of their right,” Justice Athar remarked.

Justice Mandokhel observed that the main purpose of inquiring about properties was to know about the volumes of assets of a candidate before winning the election.

Justice Mandokhel asked Hafiz Ehsan Khokhar, the counsel for opponent candidate Arsalan Sarwar, as to how he managed to access the documents of 10-marla plot. The counsel replied that they got the documents from patwari.

“Do you want to say that the interim government is involved in this matter?” Justice Athar asked the counsel. However, Justice Mandokhel asked the counsel to name the patwari who gave them the plot documents.

Meanwhile, the court allowed Pervaiz Elahi to contest the election from PP-32, Gujrat and directed the Election Commission of Pakistan (ECP) to include his name in the ballot papers as well as allot him the election symbol.

A three-member bench of the apex court — headed by Justice Munib Akhtar and comprising Justice Shahid Waheed and Justice Irfan Saadat Khan — annulled the election tribunal’s decision rejecting the nomination papers of Sanam Javed and Shaukat Basra.

Justice Muneeb Akhtar remarked that the Election Commission came to the Supreme Court after a single candidate and then said it was not against an individual.

PTI activist Sanam Javed’s counsel Shahzeb Rasool argued that the returning officer rejected the nomination papers of his client for not being verified despite the fact that Sanam had given an affidavit (dated 22nd December) in the presence of oath commissioner on 21st December and he had verified her signature.

He submitted that the returning officer rejected the nomination papers on the assumption that since no one went to meet Sanam in jail on December 22, hence her nomination papers were rejected.

Justice Shahid Waheed inquired as to how the returning officer himself verified Sanam’s signature.

Justice Irfan Saadat asked whether Sanam Javed never claimed that she had signed the papers on December 22. Justice Shahid Waheed asked as to how the RO could conduct the inquiry on his own.

Justice Muneeb asked as to why the RO was struggling hard by taking a microscope for Sanam Javed’s papers.

Why so much effort, made by the returning officer?” Justice Munib further inquired.

The bench also heard the appeal of Shaukat Basra and after accepting both the appeals, the court declared that the names and electoral symbols of both the candidates should be included on the ballot papers.

It is pertinent to mention that Sanam’s nomination papers were rejected for NA-119, NA-120 and PP-150.

Similarly, the nomination papers of Shaukat Basra were rejected for NA-163.

The apex court dismissed the appeal of PTI candidate Arif Abbasi of PP-19 Rawalpindi and upheld the verdict of election tribunal rejecting his nomination papers.

Hearing the case, a three-member bench — headed by Chief Justice of Pakistan Justice Qazi Faez Isa, in its order observed that the petitioner had not approached any court for bail in two criminal cases, and also did not mention the said cases in his nomination papers. Moreover, he did not answer the returning officer’s question about his son’s properties in London, it added.

The apex court annulled the election tribunal’s decision rejecting the nomination papers of Umar Aslam and Major (retired) Tahir Sadiq and ordered the Election Commission to include their names in the ballot papers and award them election symbols.

A three-member bench of the apex court — headed by Justice Syed Mansoor Ali Shah — heard the appeals of both the candidates.

Justice Mansoor Ali Shah observed that contesting election was the fundamental right of every eligible citizen and no one could be deprived of this right.

Justice Athar Minallah remarked that the election should be decided by the people.

Justice Mansoor Ali Shah asked where it was written that a fugitive could not contest an election adding that contesting election was a fundamental right. “How can anyone be deprived of this fundamental right without the law?” the judge questioned.

Justice Athar Minallah observed that the decision had to be taken by the people in the elections adding that a petitioner who came before the court was not important but the rights of the people.

He remarked that the accountability had to be made by the people and not by the Election Commission.

Later, the court annulled the tribunal’s decision to reject the nomination papers of Umar Aslam from NA-87, Khushab. The court also annulled the decision to reject the nomination papers from NA-49 Attock.

Meanwhile, the Peshawar High Court (PHC) Friday reserved its verdict on the writ petition of PTI candidate from NA-22 Muhammad Atif Khan seeking orders for the police not to arrest him during the election campaign.

Justice Waqar Ahmad and Justice Syed Arshad Ali heard the petition.

Justice Arshad Ali asked whether the petitioner had surrendered to the law. He said the court would order the police not to arrest him if he surrendered to the law. Justice Arshad Ali observed that the court would ensure protection to the petitioner as per the law provided he surrendered, adding that the court granted bail to the people, including women, belonging to Punjab who approached it for relief.

Justice Arshad Ali remarked that the court would ensure protection to his client once he appeared before the court.

The same court also disposed of a writ petition of PTI) leader Shandana Gulzar running for NA-30.

A two-member bench — comprising Justice Waqar Ahmad and Justice Syed Arshad Ali — heard the petition, which was disposed of when the government in its reply informed the bench that there was no case against her so she could run for election campaign.

Registering his protest, PTI Chairman Barrister Gohar Ali Khan Friday said his party candidates were being troubled everywhere.

He said this while addressing a number of public meetings in NA-10, Buner from where he is contesting the general elections.

The PTI chief addressed gatherings at Daggar, Shalbandi, Imazai, spoke at a function hosted by the District Bar Association and talked to the members of the Insaf Lawyers Forum, the lawyers wing of the PTI.

“Nawaz Sharif should book a flight to go back to London after the February 8 general elections. And Bilawal has been trained in the sale and purchase business,” said Gohar while expecting victory for his party in the upcoming elections.

Gohar denied having issued any instructions to the party candidates to take oath on the Holy Quran for allegiance to the party and Imran Khan to ensure that they remain loyal to the party after winning the elections.

The PTI chief dispelled the impression that contesting elections in independent capacity by the party candidates would hurt the vote-bank of the party.

Barrister Gohar said as many as 203 cases had been instituted against Imran Khan so far, alleging these were bogus and fake.

“The popularity of Imran Khan has gone up after his imprisonment. He will never strike any deal despite all the pressures,” he insisted.

In a related development, the PTI Friday issued a show-cause notice to Senator Saifullah Abro for violating the party policy and withdrawing his candidature in favour of Bilawal Bhutto Zardari from Larkana, NA-194.

The firebrand PTI legislator, who made his way to the Senate for a six-year term in 2021 and has been leading the party’s criticism of PPP in the upper house of the Parliament, particularly ex-president Asif Ali Zardari and Bilawal Bhutto Zardari, has surprised many for this unexpected move.

Meanwhile, a PTI spokesperson has expressed serious concern over what he called credible reports of a planning to manipulate election results through a secret software.

“Attempts to undermine the sanctity of people’s vote by force, coercion and covert tactics will prove disastrous for the country. After the failed state efforts to exclude the PTI from the electoral process by all possible means, the planners are preparing to directly target the people and voters,” he charged.

He pointed out that on the one hand, the PTI website was being blocked and the public was being prevented from information about its candidates, while on the other hand, there were reports of the development of a secret software to change the results secretly from certified sources.

“Tampering with election results after worst pre-poll rigging attempts will tarnish the credibility and status of elections: PTI took the legal route of elections despite all the atrocities and concerns for the survival and security of democracy and urged the people to do the same,” he contended.