ECP extends duration of Election Tribunals

ISLAMABAD: The Election Commission of Pakistan (ECP) on Monday extended the duration of Election Tribunals from three to six months.

Eleven tribunals are working in the whole of the country currently and contract duration of these tribunals was one year, which ended on Monday on which the ECP decided to extend the contract.

The duration of Election Tribunal of Khyber Pakhtunkhwa (KP) has been extended by three months while Election Tribunal duration of the other three provinces has been extended by six months.Ministry approved the expenditures of Election Tribunals as ECP had sent the summary to the ministry. Notification of extension in duration of tribunals will be issued within one or two days.

Only election tribunals can meet Imran’s demand, says ECP

 

ISLAMABAD: As the PTI chief Imran Khan shows his intent to even go to the extent of dissolving the KP government if his demand for verification of votes in four constituencies is not met, the Election Commission of Pakistan has categorically said that such a decision could only be taken by the Election Tribunals and no one else.
Without going into the political aspects of the matter, Secretary ECP Ishtiaq Ahmad told The News here on Wednesday that what the PTI was demanding with respect to the recounting of votes in four NA constituencies purely fell in the jurisdiction of Election Tribunals.

As per the law and the Constitution, the secretary ECP explained, the verification of the votes and their recounting could only be ordered by the Election Tribunals. When asked if the government or the Election Commission could do this as demanded by the PTI, the ECP secretary said that he had explained what the law and the Constitution says.

Under the law, he said the ECP can order recounting and even re-election in any constituency where it is convinced of prima facie irregularity but it could be done only within 60 days of the elections. After the lapse of this period all such matters have to be dealt by the Election Tribunals.

Although Ishtiaq Ahmad avoided to directly respond to the question if the government or the ECP could seek re-counting or re-election on their own, another senior official of the Commission on condition of not being named said that it could not happen under the law and the constitution.

The source added that neither the government has any legal or constitutional right to refer such a matter to the ECP nor the Commission has any mandate to entertain such a request from the government.

Under the law only the Election Tribunals, and not the Election Commission of Pakistan (ECP) or the government, are empowered to order rechecking, recounting or verification of any poll related documents to ascertain their authenticity.

Section 46 of the Representation of Peoples Act (ROPA) 1976 envisages that a tribunal may order inspection of any counted ballot papers or opening of packets of counterfoils and certificates.

The law says that such an order may be made subject to such conditions as to persons, time, place and mode of inspection, production of documents and opening of packets as the concerned tribunal may think expedient. In making and carrying into effect an order for the inspection of counted ballot papers, care will be taken that no vote will be disclosed until it has been held by the tribunal to be invalid.

Where such an order is passed, the production by the ECP of any document in such manner as may be directed will be conclusive evidence that the document relates to that specific election, according to the law. Any endorsement on any ballot papers or their packet papers or documents so made available will be prima facie evidence that the ballots or documents are what the endorsement states them to be.

The National Database & Registration Authority (Nadra), which has expressed its readiness to do verification of thumb impressions, will come into play to do this job only if an Election Tribunal ordered so.

It can’t do so on its own or on the direction of the government. The ECP also has no authority to seek such authentication under the law.Any person aggrieved by the decision of a tribunal may, within 30 days, appeal to the Supreme Court.

Under Section 103AA of ROPA, if, from facts apparent on the face of the record and after such summary inquiry as it may deem necessary, the ECP is satisfied that, by reason of grave illegalities or violation of the ROPA or the rules, the poll in any constituency ought to be declared void, it may make a declaration accordingly and order re-election. While exercising this power, the ECP will be deemed to be a tribunal to which an election petition has been presented.

But, according to ROPA, the ECP may exercise this power before the expiration of 60 days after publication of the name of the concerned returned candidate in the official gazette. Where it does not finally dispose of such a case within this period, the election of such contestant will be deemed to have become final, subject to a decision of a tribunal.

Need to set up military tribunals for terrorists

ISLAMABAD: The Pakistan Army has sent in its officers and Jawans to lay down their lives so that the rest of us can live in peace. The Pakistan Army is at war. The rest of Pakistan does not seem to be. There is absolutely no doubt that the Pakistan Army will win the battle on the ground. But to win the war and there must be unity of effort.

Over the past 11 years, fatalities in terrorist violence stand at 52,653. Since 2002, there have been 398 suicide attacks killing 6,032 and injuring an additional 12,560. Since 2000, there have been 4,941 bomb blasts.

On September 20, 2008, the Marriott Islamabad was bombed. Rehman Malik, the-then minister of interior, charged Lashkar-e-Jhangvi for the attack.Justice Malik Muhammad Akram of the Anti-Terrorist Court acquitted Dr Usman, Rana Ilyas, Hameed Afzal and Tehseenullah Jan as the police failed to provide evidence against them.

On November 19, 2008, Major-General Ameer Faisal Alvi was shot by three gunmen on Islamabad Highway. The accused were set free for lack of evidence.On October 18, 2007, the Karachi bombing killed 140 and injured more than 350. Qari Saifullah Akhtar and his three sons, all linked to al-Qaeda and the outlawed Harkat-ul-Jihad, were arrested. A month later, Saifullah was freed due to lack of evidence.

On May 8, 2002, 11 French engineers were targeted in Karachi. On September 18, Sharib Zubair was arrested as the mastermind behind the attack. Mufti Mohammad Sabir was also arrested as the suspected bomb-maker. The two men had their convictions overturned.

In 2009, some 629 terrorism cases came before the Anti-terrorism Courts (ATCs) in Punjab. Suspects in 471 cases were acquitted. In 2001 and 2003, a total of 333 arrests were made. Only 38 of them were convicted and the rest were acquitted.

The overall acquittal rate in terrorism-related cases stands at 75 percent. In Khyber-Pakhtunkhwa, the province most affected by terrorism, the acquittal rate is even higher. In Swat, some 575 terrorism-related cases were filed in the three Anti-Terrorism Courts.

Out of the 575, only 15 accused were sentenced.

In 2007, 28 cases were filed; only one accused was punished. In 2008, a total of eight cases were filed, six were acquitted; one was punished and one was declared wanted. In 2009, five cases were filed, four were released and one was punished. In 2011, a total of 191 accused were arrested, only four were sentenced.

Pakistan’s judicial system is ending up boosting the morale of Pakistan’s enemies. There is voluminous evidence that “the ease with which terror suspects are acquitted encourages terror outfits to indulge in worse actions with no fear of effective crackdowns.”

Military tribunals have been used in the US, the UK, Germany, Canada and India. To be certain, military tribunals do not mean the imposition of military authority on Pakistan’s civilian population. To be sure, military tribunals will not be a substitute for Pakistan’s civilian judicial apparatus. Military tribunals would mean military justice only for enemy combatants.

Remember, “Friends may come and go, but enemies accumulate”.