Pakistan’s future needs free and fair elections

Author: Barrister Iftikhar Ahmad

It is time to look ahead, time to find a way towards progress. It is not the right moment to waste time on trivialities but to focus on real issues instead. Move on with the past with a fresh zeal and resolve to address what the country confronts now. Leave space and time for the incoming elected government.

Chief Justice of Pakistan (CJP) Mian Saqib Nisar considered Parliament Supreme. The Supreme Court (SC) rightly suspended Lahore High Court’s (LHC) order on election papers for the drift. A good decision stays good only if the focus remains on major considerations and the mission that the nation has already agreed on. The CJP has ruled out any delay in general elections.

A lot of pressure was mounting from concerned quarters to restore the 2013 nomination form, which had been established by a previous Supreme Court full bench. Unless,voters openly know the complete background of the candidates, the doors to corruption would remain open. Therefore, a closer review was necessary. CJP had hinted at forming larger bench to hear the matter involving revised nomination forms.

Kashmir is an unfinished agenda of partition, so are many other issues contributing to never-ending tensions between Pakistan and India. These tensions have to be reduced for a way forward

Thankfully, due to the innovativeness of the Chief Justice Mian Saqib Nisar, the Supreme Court has practically restored old election forms. The candidates will have to provide all the information omitted from the new nomination forms through a separate affidavit. The Election Commission of Pakistan (ECP) has accordingly instructed Returning Officers (ROs) to collect affidavits from candidates by June 11; the Supreme Court had ruled that the contesting candidates would be bound to submit the affidavit with the required information within three days. ECP was directed to prepare the contents of the affidavit and submit the same before the court.

Failure to file such affidavit before the ROs would render the nomination papers incomplete and liable to rejection. If the affidavit or any part thereof, was found false, it would have serious consequences, as it would entail such penalty as is of filing a false affidavit before the Supreme Court. As the chief justice had observed, the affidavits were for the purpose of transparency, for the information of apex court, as it was custodian of the constitution. In addition, the same affidavit would be used for proving perjury in case any candidate makes false statement, at any stage during his tenure.

The major issue of transparency has been effectively and ably tackled by the CJP. However, there may be other issues in context of general elections. Caretaker Federal Information Minister Barrister Syed Ali Zafar said in an interview that delimitation of constituencies was necessary, as the constituencies should be compact and not in the shape of islands. He said the caretaker government would facilitate the Election Commission.

At the end of the day, much depends on how the political parties conduct and manage the situation

He added that according to the constitution, the elections should be held within a period of 60 days. “Delimitation of Constituencies was important. If it was not done, it will deprive the voters of their right,” Ali Zafar said while highlighting that the caretaker government would only look into the short-term issues and not take long-term permanent decisions as it was not their mandate to take long-term decisions.

The caretaker information minister said a judgment about fair polls could only be made after the elections were over. In the end, we want our conduct of the elections to be appreciated. Our economy has a lot of potential and we can go a long way. Article 19 of the constitution gave the fundamental right of freedom of expression to the people. However, nobody could give a statement against the army, judiciary and behave indecently and immorally. All political parties would be given level playing field to run their campaign in the elections. To ensure security in elections, armed forces, and other security forces would fulfil their constitutional obligations.

At the end of the day, much depends on how political parties conduct and manage the situation. Correct behaviour and positive attitudes are the indicators assuring mutual respect and peaceful environment. No external factors can do any harm by giving us a bad name as long we follow the internal discipline and determination to prove that we do not tolerate nonsense.

By conducting fair elections, we need to prove that we are responsible, to live up to any challenges that come our way. We are capable of converting threats into opportunities and weaknesses into strengths. The cost of freedom and independence of Pakistan was tremendous in terms of violence, bloodshed, loss of life, loss of relatives and friends, homelessness, loss of property, loss of jobs and loss of businesses and careers.

The mass exodus, settlement and rehabilitation of refugees were worrisome issues and challenges for the new state of Pakistan. A great tragedy could have been avoided had the British rulers arranged for peaceful and orderly transition.

Kashmir is an unfinished agenda of partition, so are many other issues contributing to never-ending tensions between Pakistan and India. These tensions have to be reduced for a way forward.

Elections should be taken as an opportunity for Pakistan to a develop strong and honest leadership, one that can play an effective role in resolving all outstanding issues and problems. Only a strong, honest, and capable leadership is our hope.

The writer is a former Director, National Institute of Public Administration (NIPA), Government of Pakistan, a political analyst, a public policy expert and an author. His book Post 9/11 Pakistan was published in the United States

Published in Daily Times, June 12th 2018.

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