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Tuesday March 25, 2025

SC seeks replies from ECP, Nadra over e-voting for expats

Five-member Constitutional Bench heard case of right of vote to overseas Pakistanis

By Sohail Khan
February 22, 2025
Outside view of the NADRAs mega center in Peshawar. — APP/File
Outside view of the NADRA's mega center in Peshawar. — APP/File

ISLAMABAD: The Supreme Court on Friday sought replies from Election Commission of Pakistan (ECP) and National Database and Registration Authority (Nadra) within two weeks in a matter relating to right of vote to overseas Pakistanis.

A five-member Constitutional Bench headed by Justice Amin-ud-Din Khan heard the case of right of vote to overseas Pakistanis.

During the hearing, the ECP termed the facility of vote to overseas Pakistanis through e-voting system unsafe. The court was informed that e-voting had been made in some 35 constituencies and its report had been submitted in a Senate committee.

The ECP information technology director told the court that a serious attack was made on e-voting system from one to three hours, adding that the system could also be hacked.

Bench member Justice Muhammad Ali Mazhar observed that if hacking is being made then the whole system is endangered, adding that nowadays everything is run on internet.

The ECP official further submitted that the threat of hacking further worsen when facility is given to overseas Pakistanis, adding an attempt of hacking from India and Philippine was already made on the pilot project.

Uzair Bhandari, counsel for petitioner Imran Khan, submitted before the court that his client does not trust the ECP, adding that all the overseas Pakistanis are his voters that’s why they were not let to cast their votes.

Justice Musarat Hilali, however, said that it’s not like that, while Justice Jamal Khan Mandokhail observed that the ECP had sent the report to Parliament and asked the counsel for Imran Khan that he should also go to Parliament.

Arif Chaudhry advocate, however, told the court that Parliament has made the law and now the Supreme Court has to decide this issue.

“Then let’s close the Parliament,” Justice Mandokhail remarked at which Arif Chaudhry said that efforts were underway to close the Supreme Court for running Parliament.

Justice Mandokhail then asked as to whether Supreme Court would be held responsible if IT system failed.

Later, the court sought replies from ECP and Nadra and adjourned the matter for date-in-office.

Similarly, the Constitutional Bench also heard a matter against overloading of public transport vehicles.

Barrister Zafarullah told the court that the actual issue relates to places where these vehicles are loaded, adding that until and unless action was not taken against these places, the issue could not be resolved.

Justice Mandokhail observed that incidents of deaths due to overloading of vehicles are greater than the incidents of terrorism as well as diseases.

Justice Mazhar observed that the provincial governments with all stakeholders has to resolve the issue of overloading.

Similarly, the bench expressed grave concerns over non-completion of process of NAB rules while hearing a matter.

Justice Mazhar questioned as to what was the issue with the rules when the process was not yet completed. The judge warned that if the rules were not finalised till the next date of hearing then the law and justice secretary should ensure his presence before the court.

The additional attorney general, however, informed the court that the cabinet committee had finalised the rules but awaiting the cabinet approval.

The court then summon the law secretary on the next date of hearing.

Meanwhile, the bench removed objections, raised by the Registrar Office on the petition filed by spouse of former district and sessions judge (late) Arshad Malik for pension and other benefits.

The court after accepting the Chamber appeal of the spouse of late judge directed the office to number the petition.

It is pertinent to mention here that the Lahore High Court chief justice had removed Arshad Malik in a video scandal case and later his wife had approached the court for converting the dismissal order of her husband into force retirement.