SC issues notices to top Punjab officials on PTI's level-playing field plea

The top court issued notices to Punjab advocate general, inspector general and chief secretary on Wednesday on the Pakistan Tehreek-e-Insaf’s (PTI) contempt petition against the Election Commission of Pakistan (ECP) regarding the alleged lack of a level-playing field in the upcoming general elections. The Supreme Court (SC) has sought a report from the officials over the implementation of its December 22, 2023 order asking the election commission to redress the party's concerns. The hearing was adjourned till January 8. At today’s hearing, PTI’s lawyer Latif Khosa argued that the party was not being provided a level-playing field in Punjab. “No institution can violate its constitutional duties by remaining a silent bystander,” he stated. At this, Chief Justice of Pakistan Qazi Faez Isa asked Khosa to focus on his case. He asked whether the PTI filed a complaint regarding the violations with the ECP - the concerned institution. The PTI counsel responded that the party did not submit a complaint with the electoral watchdog since its election commissioner for Punjab had, on December 24, written a letter to the provincial chief secretary and IG regarding the matter. Read PTI targeted by ‘systematic dismemberment’, says rights watchdog Irked at the counsel’s argument, CJP Isa maintained that nothing came of the allegations made by the PTI in the 2013 elections as well. “You wasted the court's time even then. This court was the same forum where the allegation of '35 punctures' was thrown around,” he remarked. The CJP further added that it was “also you who appointed the current chief election commissioner, not us”. During the hearing, Justice Isa further remarked that “this case should have been taken up with the high court Khosa sahib; we have given you extra mileage”. The CJP urged the PTI counsel to “stop thinking the world is against you”. “Think positively,” Justice Isa said, further asking Khosa to not say that the upcoming elections were going to be the “worst”. “We only ask questions. Don't be offended,” he added. Justice Isa stated that the court cannot be expected to give directions over whose nomination papers to be accepted, and whose to be dropped. “The courts stand behind every political party,” he said, those who have objected to the rejection of their nomination papers should approach election tribunals. Ahead of the hearing, the PTI had submitted documents with the SC claiming that papers of over 2,000 PTI leaders have been rejected, raising questions about the fairness of the electoral process. The party claims that the submitted documents underscore that 668 papers belonging to the top leadership of the PTI have faced rejection. Moreover, the nomination papers of nearly 2,000 leaders supported by the PTI, including those in the second phase, have also been turned down. The PTI's documents claim to reveal 56 cases involving the snatching of PTI candidates' nomination papers. Additionally, there have been instances of arrests targeting the PTI's proponents and supporters. The ECP letter In its letter, dated December 24, 2023, addressed to the Punjab chief secretary and inspector general, the Punjab election commissioner maintained that, "With great concern I have the honour to state to bring into your kind notice that this office is flooding with numerous kind of applications almost from every district as well as the "Media Reports" circulating that the candidates particularly belonging to PTI are being miss-treated by the Police Personnel not only outside the premises of the Returning Officers' Offices but even inside the premises of the Returning Offices by checking and snatching their Nomination Papers which is the clear violation of the Electoral Laws especially the essence of Article 218 (3) of the Constitution as well as directions of Election Commission". The commissioner added that, "This office has sent so many complaints and applications to your respective office as well as to the offices of the concerned authorities for taking immediate necessary action to control the situation. But astonishingly no such action has so far been taken and the occurrence of the instances still persists." "As you also know that all the executive authorities are bound to assist the Election Commission of Pakistan in the conduct of Elections in a free, fair and transparent manner as stipulated in Article-220 to be read with Section-5 of the Elections Act-2017", the ECP officer stated requesting the provincial officials to look into the matter. "Foregoing in view it is, therefore, requested kindly to intervene in the matter by issuing strict directions to all concerned under your administrative control to act proactively, effectively and promptly to provide a conducive environment at the premises of the ROs' Offices so as all the prospective candidates could file their nomination Papers at ease without any hindrance, fear and intimidation". The PTI's petition The PTI's petition filed for contempt of court targets several high-profile figures, including Interior Secretary Aftab Akbar Durrani, ECP Secretary Omar Hamid Khan, and chief secretaries of Khyber Pakhtunkhwa (KP), Punjab, Sindh, and Balochistan. Additionally, respondents named in the petition include IG Punjab Dr Usman Anwar, IG Balochistan Abdul Khalique Sheikh, IG KP Akhtar Hayat, and IG Sindh Riffat Mukhtar. PTI chairman Barrister Gohar Ali Khan, represented by Shoaib Shaheen, has presented the plea seeking the SC's intervention. The plea aims to secure a directive from the court to maintain a fair electoral environment by preventing the arrest of PTI candidates, workers, and leaders. The request emphasizes the importance of allowing their active participation in the electoral process, while also urging that their proposers and seconders be spared from any form of harassment. Furthermore, the plea calls on the apex court to issue appropriate orders ensuring that appointed returning officers (ROs) and district returning officers (DROs) execute their duties impartially, in line with the Constitution and the law. The plea emphasizes the need to avoid subjecting the PTI and its candidates to any form of unlawful or discriminatory treatment. Address PTI`s concerns: SC On December 22, the SC directed the ECP to address the reservations of the PTI regarding the lack of a level-playing field for the upcoming general elections. The director general of the ECP’s law department informed the court that it had not received any complaint of snatching of nomination papers from the PTI candidates. The court remarked that if political parties had complaints it meant that the ECP was not working. Read more PTI overcomes challenges in nomination papers Sitting on the bench, Justice Athar Minallah remarked that what the ECP had done was in the newspapers. He added that the caretaker government and the ECP did nothing as to what happened to Usman Dar’s mother. "Apparently the allegation of not getting a level-playing field was true,” he said. Also sitting on the bench, Justice Mansoor Ali Shah said that the ECP should meet the political parties immediately. While disposing of the petitions, Justice Masood told all the provincial police chiefs not to harass the PTI candidates. After the hearing, the court issued its written order, saying that the ECP should resolve the complaints of the PTI without disrupting the election schedule. It emphasised that transparent elections maintained public confidence in the democratic process. The court declared that elections should be a true reflection of the will of the people instead of coercion. It added that it was the responsibility of the ECP to conduct fair elections, which provided legitimacy to an elected government. The apex court verdict said that free and fair elections were more important than the election results and emphasised that level-playing field was essential for a healthy competition. The ECP should ensure that all parties have equal opportunities in the electoral process, the verdict added.

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