Daska by-poll issue: Disappearance of 20 presiding officers a unique incidence, says SC

ISLAMABAD: The Supreme Court of Pakistan on Wednesday ruled to examine as to whether re-polling could be held in the whole Daska constituency on the allegations of rigging at some polling stations.

A three-member bench of the apex court headed by Justice Umer Ata Bandial heard a petition of PTI candidate Ali Asjad Malhi, challenging the order of the Election Commission of Pakistan (ECP) of February 25, 2021, declaring the by-election in NA-75 Daska void and ordering re-polling in whole of the constituency.

Justice Umer Ata Bandial termed the disappearance of 20 presiding officers (POs) in the by-elections at NA-75, Daska, a unique incident in the history but expressed astonishment over the decision of the Election Commission of Pakistan ordering re-polling in the whole of constituency on a complaint against 23 polling stations. “We will examine as to whether re-polling could be conducted in the whole of constituency on allegations of rigging at limited polling stations”, Justice Umer Ata Bandial remarked.

The court corrected Salman Akram Raja, counsel for PML-N candidate Nausheen Iftikhar, who was claiming that Zulfiqar Ali Virk who was later mentioned as Zulfiqar Ali, was made security incharge of the whole constituency. Justice Umer Ata Bandial told the counsel that Virk was not made security incharge of the whole the constituency but he was only made incharge of Samrhyal circle.

The court was informed that there were eight police stations in the constituency, which come under the jurisdiction of the sub-divisional police officer (SDPO). To clarify this, the court asked the Election Commission to inform it about the exact situation at which Muhammad Arshad, director general, Election Commission of Pakistan, submitted before the court that Zulfiqar Ali Virk was not incharge of the whole constituency but only two police stations.

The court directed Salman Akram Raja who was affected earlier by COVID-19 and appeared before the court through video link from the Lahore Registry to come up with crystal facts. The Election Commission had relied on very objective material so why don’t you come to that, Justice Bandial asked Salman Akram Raja, counsel for Nausheen Iftikhar. The court asked the counsel if he was not fully prepared, it could hear him the next day. Raja submitted that he was fully prepared but wants to bring on record all the things. “Tell us objective facts and come up with supporting documents”, Justice Bandial asked Raja.

Raja submitted that the instant case is a classic example of organized rigging and the Election Commission had itself admitted that rigging was made on which the ECP gave its decision for re-polling in the whole constituency. This is a case of broad fraud made on the part of the local administration, the counsel contended, adding that 20 presiding officers along with the polling stuff which was in the police custody got missing. He submitted that the chief election commissioner contacted the provincial administration including the IGP but nobody was responding and no cell phone was accessible.

Justice Muneeb Akhtar, another member of the bench, asked Raja why his client raised the issue before the ECP very late.

The counsel replied that at 3:20pm, she wrote a hand-written application to the returning officer, adding that the PTI counsel did not raise objections over the videos before the election commission.

Justice Umer Ata Bandial asked the counsel that on February 20, he filed an application before the ECP. On February 22, the ECP issued notices and on February 23, the ECP conducted hearing on the matter. “What was the title on the notice issued by the ECP,” Justice Bandial asked Raja to which he said that it was about 23 polling stations. “But you gave an application to the ECP for 23 polling stations, however, you got relief for the whole constituency,” Justice Bandial told the counsel. “Relief of 360 polling stations on the application of 23 polling stations is astonishing”, Justice Bandial remarked.

Raja submitted that his client was subjected to harassment on the polling day while PML-N supporters and candidates protested outside the polling stations, adding that through a conspiracy, the by-election was rigged.

“I am not adopting your arguments that the provincial government had conspired during the election but it is evident that there was a lack of communication between the Election Commission and the local administration on the polling day,” Justice Bandial remarked. “But the question arises as to whether the re-election can be conducted or not in the whole of constituency due to the disruption of polling at some polling stations”, Justice Bandial added.

Raja submitted that the geo-fencing report regarding kidnapping of 20 presiding officers was available with the Election Commission of Pakistan and the apex court can summon that report from the ECP.

Justice Bandial asked the counsel that the Election Commission of Pakistan had submitted lots of documents, therefore, he should also come up with crystal points.

Meanwhile, Qasim Chohan, additional advocate general, came to the rostrum and submitted whether they are required to assist the court. Justice Bandial asked the law officer with a smiling face that allegations have been levelled against the provincial administration, therefore, he has to assist the court. The judge asked him that he can submit an application which will be clubbed with the case

Earlier, arguing before the court, Shahzad Shaukat, counsel for the petitioner and PTI candidate Ali Asjad Malhi, submitted that upon low turnout, re-election cannot be ordered by the Election Commission. He said the election commission had made the allegations of failure on the part of the Punjab government, adding that on the polling day, the Rangers were present.

Justice Sajjad Ali Shah, another member of the bench, observed that the Election Commission did not mention the name of Rangers in its decision. “Tell us where it was written in the record of the ECP, mentioning the name of Rangers”, Sajjad Ali Shah asked the PTI counsel. The PTI lawyer however, submitted that it was mentioned in the Punjab government’s report.

Justice Bandial observed that two heavy-weight candidates were contesting the by-election, adding that due to violence, the voters of the locality were affected. “The point you are raising relates to one-sided report submitted by the Punjab government and we have to look into the stance of the Election Commission as well,” Justice Bandial told the PTI counsel.

Justice Sajjad Ali Shah asked the counsel when one party was strong, how it could resort to fighting. The PTI counsel contended that the allegation of violence created through a conspiracy during the election was not true. He submitted that normally in elections, the turnout of female voters remains low. At this, Justice Bandial asked the counsel that the matter is not of low turnout but is related to disruption of polling at various polling stations due to firing. Stoppage means that casting of votes stopped but it does not mean that voters came back, Justice Bandial added.

Shahzad Shaukat submitted that videos pertaining to the incidents of violence were submitted before the Election Commission of Pakistan but the commission even did not inquire about the source of the videos.

Justice Muneeb Akhtar asked the counsel as to whether he had raised an objection before the ECP on that video. The counsel replied that he will reply after inquiring from his client. Later, the court adjourned the hearing until today (Thursday), directing Salman Akram Raja to provide it objective facts with supporting documents.