Depriving expats of voting right wrong: SC

ISLAMABAD: The Supreme Court Wednesday ordered fixing identical petitions filed by Pakistan Tehreek-i-Insaf Chairman Imran Khan and former interior minister Sheikh Rashid Ahmed seeking voting rights for overseas Pakistanis for early hearing.

A two-member bench of the apex court comprising Justice Ijazul Ahsen and Justice Mazahir Ali Akbar Naqvi said that the matter related to basic constitutional rights and public and overruled the objections of the Registrar’s Office to the petitions.

After hearing the counsel for the petitioners, Justice Ijazul Ahsen said it was satisfied that questions of law and fundamental rights had been raised in the instant petitions adding the court had already acknowledged voting rights for overseas Pakistanis.

Sharjeel Swati appeared before the court on behalf of Sheikh Rashid Ahmed while Uzair Bandari represented Pakistan Tehreek-i-Insaf Chairman Imran Khan.

Sharjeel Swati argued that enforcement and implementation of fundamental rights could not be delayed on the pretext of pilot projects. He said that constitutional rights were required to be executed without fail.

He said that fear of corrupt practices and breach of secrecy could not be made a basis for delaying enforcement of fundamental rights, as these things happened in general elections too and multiple petitions were filed.

Sharjeel Swati said the overseas Pakistanis could not be deprived of their constitutional right to vote, as they contributed about $31 billion to the kitty and being a major stakeholder, they could not be kept out of the mainstream politics. “Delay in enforcement of overseas Pakistanis’ right to vote is against the concept of representative democracy and adult franchise,” he said.

Justice Ijazul Ahsen questioned if the Election Commission of Pakistan was not exercising its powers to eradicate malpractices of rigging. The judge said that the court could examine the steps taken by the ECP against rigging. “It is necessary to remove the apprehensions of the ECP regarding rigging and malpractices,” he said.

Justice Ahsen said that the court would examine amendments made to the Election Act. The judge said that instead of removing those apprehensions, depriving the overseas Pakistanis of their right to vote was not correct.

Justice Ahsen said that motorways could be closed because of accidents. Could elections be stopped because of apprehensions of rigging, the judge questioned. Justice Mazahir Ali Akbar Naqvi said that at present the strength of the National Assembly was quite low. “If the present assembly is competent to make amendments to matters related to the fundamental rights,” Justice Naqvi questioned.

Justice Ijazul Ahsen said that the instant matter appeared to be of basic rights and public importance, adding that the court had delivered many judgments on overseas Pakistanis’ right to vote.

The judge said that overseas Pakistanis were sending huge remittances to the country, hence they should be facilitated on a priority basis, including the right to vote.

“Financial institutions and friendly countries are being requested for one billion dollars,” Justice Ahsen said, adding that the overseas Pakistanis were sending $30 billion every year but they were being deprived of voting right.

“The overseas Pakistanis send remittances of $30 billion without any condition,” Justice Mazahir Ali Akbar Naqvi said. The judge said that across the globe modern devices were being used for voting. “When the latest technology is being used for everything, why voting is an exception,” Justice Naqvi questioned.

“They are being asked to come to Pakistan and exercise their right to vote,” the judge said. Uzair Bandari, counsel for PTI Chairman Imran Khan, said the overseas Pakistanis had fundamental rights to exercise their right to franchise, adding that the apex court had given various judgments on protection of voting right of Pakistanis living abroad. The counsel said by passing such laws and making amendments to the election laws, the overseas Pakistanis could not be deprived of their right to vote.