ISLAMABAD: The inquiry commission constituted to investigate allegations levelled by the PTI and other parties about rigging in the 2013 general elections has declared in its “final report” that despite shortcomings of the Election Commission of Pakistan (ECP), the polls were largely “conducted and organised fairly and in accordance with the law”.

The much-awaited report of the three-judge commission made public by the Ministry of Law, Justice and Human Rights on website on Thursday says the political parties did not provide any substantial evidence against those accused of being part of the plan to rig the elections in an organised manner.

The report provides specific answers to the three questions mentioned in its terms of reference (ToRs) agreed upon by the PML-N and PTI through a memorandum of understanding on April 1.

Report provides specific answers to questions mentioned in terms of reference

“The plan to manipulate election has not been disclosed with any degree of specification by any of the parties to the proceedings nor is it discernible from material placed before the commission. Allegations against those allegedly involved in the plan/design also remained unsubstantiated by the evidence on record,” says the 237-page report in its “conclusion”.

The report has provided details of the commission’s proceedings, positions taken by every political party, the ECP and Nadra before it and a brief account of the witnesses who appeared before it on behalf of the complainants and the respondents.

The commission has also highlighted the “shortcomings of the ECP during the electoral process” which came to light during the proceedings.

The report says: “Taking into account all the evidence on record, notwithstanding the shortcomings of the ECP as mentioned earlier in this report, the 2013 general elections were in large part organised and conducted fairly and in accordance with the law.

“When the entire context of the elections are considered along with the meaning of overall basis, despite some lapses by the Election Commission of Pakistan it cannot be said on (the basis of) evidence before the commission that on an overall basis the elections were not a true and fair reflection of the mandate given by the electorate.”

The commission, however, says that the demand of the Pakistan Tehreek-i-Insaf to constitute the inquiry commission was not “unjustified”.

“The commission is of the view that the PTI was not entirely unjustified in requesting the establishment of (a) body to inquire into its suspicions and allegations regarding the 2013 general elections,” says the report.

According to the ToRs, the commission was to “inquire into and determine whether or not the general elections 2013 were organised and conducted impartially, honestly, fairly, justly and in accordance with law; whether the last elections were manipulated or influenced in a systematic manner or by design by anyone and that the results of the 2013 elections, on an overall basis, were a true and fair reflection of the mandate given by the electorate.

The commission has also explained the reason for not including the term “impartial” in its final report, saying the word “impartially adds little, if anything, to the above words since they all have a similar meaning”.

“As such when dealing with these four words (impartially, honestly, fairly and justly), the commission will only refer to the word ‘fairly’ which will serve to encompass them all,” it says.

Explaining the legal status of the inquiry commission, the report says: “Its findings have no legally binding effect. A commission of inquiry is not a court of law. As such it is not bound by the usual rules of procedure and evidence which are used and applied in such courts whether adjudicating on civil or criminal matters. The main purpose of a commission of inquiry is answering its ToRs by uncovering the relevant facts.”

With regard to the evidence, the report says: “PTI did not consider that the Qanun-i-Shahadat Order 1984 should apply to the proceedings and that the commission should proceed on the basis of common sense.”

The PML-N, on the other hand, was of the view that it was fully applicable whilst the MQM brought to the commission’s attention arbitration proceedings whereby strict and technical rules of evidence and procedure might not be applicable to its proceedings.

“The commission was of the view that although it would be guided by some of the principles contained in Qanun-i-Shahadat Order 1984, the commission decided not to slavishly follow the Qanun-i-Shahadat Order 1984 when it was in the interests of justice not to do so, especially where its strict application may hinder the uncovering of the true facts on which it was to answer its ToRs,’ says the report.

The commission headed by Chief Justice Nasir-ul-Mulk had held 39 sittings and completed the hearing on July 3. The commission constituted under a presidential ordinance on April 3 after months of bickering and accusations between the PTI and the ruling PML-N had commenced proceedings on April 9. It recorded testimonies of 69 witnesses, including politicians, civil society representatives, government and judicial officers and journalists.

Justice Amir Hani Muslim and Justice Ejaz Afzal Khan were two other members of the commission.

Imran Khan-led PTI had held a 126-day sit-in in Islamabad last year to press its demand for judicial probe into the rigging allegations.

The report has also mentioned the background under which the commission was formed. As many as 16 parties appeared before the commission and the report has summarised the positions taken by each party and the ECP.

It says the PTI alleged rigging by the PML-N throughout Pakistan with a particular emphasis on Punjab. “Three parties, namely the PML-Q, PPP and PML-J, are Punjab-specific and allege rigging in Punjab only by the PML-N either directly or by implication,” it adds.

The MQM-Haqiqi and Jamaat-i-Islami (JI) alleged rigging only in Karachi by the MQM whereas the Balochistan-based BNP-A, BNP-M and JUI-N complained about rigging in their province. The ANP, the report says, “in essence blames the Tehreek-i-Taliban Pakistan (TTP) for causing unfair elections, especially in Khyber Pakhtunkhwa” while the PPP alleged rigging in KP, though it did not name the party the implication would appear to be against the PTI.

Similarly, the MQM also complained that it was not able to fully and freely participate in the general elections due to threats from Taliban and Jehadi outfits. Awami Muslim League of Sheikh Rashid Ahmed, instead of providing any evidence of rigging in the elections, submitted proposals for improving the “flawed electoral process”, according to the report.

The report says the commission has not been requested to determine whether or not Article 218(3) – which put responsibility on the ECP to conduct the elections “honestly, justly, fairly and in accordance with law” – has been complied with which it could have been but presumably, taking into account the long drafting history of the accord (between the PTI and PML-N), the parties did not intend for it do so.

“Its findings, therefore, will not have any relevance to whether Article 218(3) has been violated or not,” the report says, adding that the onus of holding the elections in accordance with the constitution and law “fell squarely on the ECP”.

The commission has noted that the overall voter turnout increased from approximately 44 per cent in 2008 to 55pc in 2013 which shows a much greater awareness on the part of the electorate and keenness on their part to participate in the democratic process taking into account that the electoral rolls were also scrutinised and bogus votes deleted.

Regarding the excess ballots distributed in some constituencies of Punjab and missing Forms 15, the report says: “There was no evidence that the unused ballots had been misused.”

With regard to Balochistan, it says: “At best the allegations have only been cast on four provincial assembly (PA) seats out of 51 and none of the 14 National Assembly (NA) seats. These allegations, therefore, only represent a very small number of seats for the entire province.”

The same was the observation of the commission with regard to the allegations of rigging in Karachi and other parts of Sindh. The report says: “No serious challenge has been made to any of the 35 NA and 99 PA seats in KP or the 12 seats in Fata, two seats in Islamabad and the approximately 174 combined NA and PA seats in Sindh.”

Published in Dawn, July 24th, 2015

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