Daily Times

During its first meeting, the three-member Judicial Commission led by Chief Justice Nasirul Mulk has sought evidence or supporting material from all political parties to determine whether the general elections 2013 were organised and conducted impartially and in accordance with the law. The date for submission of brief statements accompanied by supporting evidence has been fixed as April 15 and the first open hearing will be held on the next day. The formation of the Judicial Commission has been challenged in the Supreme Court (SC) on the grounds that it violates Article 225 of the constitution. However, the SC has gone ahead with formation of the commission at the government’s request. The commission has to reach a conclusion after taking stock of all the allegations, complaints and material from all those political parties that have taken part in the previous general elections. No doubt it might be a taxing exercise to decide whether the elections were held impartially, honestly and without any systematic rigging plan. All accusing and defending parties have been invited to share their views along with respective evidence to end this longstanding political gridlock. However, uncertainty still prevails whether the commission will be able to resolve this political stalemate in the given timeframe of 45 days. If some solid and undeniable proof is presented, the commission would nullify the elections. However, if no such evidence is produced, all stakeholders must accept the commission’s ruling. So far, random election related anomalies and errors have been found but the existence of any systematic rigging plan has not been proved. Fingers are also being raised at the involvement of the judiciary in political matters by creating the commission. The Pakistan Bar Council has expressed its concern in this regard. They have raised the question whether this is the right platform to deal with such issues when a full-fledged election commission exists and election tribunals are already hearing election-related pleas.
Despite these reservations, the formation of the commission must be welcomed. It is good that the long-standing demand of the Pakistan Tehreek-e-Insaaf (PTI) has been accepted. Now it is the responsibility of the PTI leadership to use this opportunity wisely and bring out all the evidence that it claims can substantiate its allegations. However, if it fails to provide any solid proof, it must accept the ruling of the commission. Not only PTI, other political parties had expressed their concerns regarding the fairness of the elections. It would be appropriate that besides deciding the elections controversy, the commission make some recommendations for the introduction of electoral reforms and establishment of a strong and independent Election Commission to end such election crises once and for all. *