Comment: Afzal Khan's allegations — when evidence goes out of style

Published August 25, 2014
— File Photo of former Additional Secretary of ECP Afzal Khan
— File Photo of former Additional Secretary of ECP Afzal Khan

Reputations have become a ferociously hunted commodity in our country over the past year.

However, last night, the former Additional Secretary of the Election Commission of Pakistan (ECP) extraordinarily managed to set new, lofty standards.

Apparently unable to battle with his conscience any longer 16 months after the 2013 general elections, Mr Afzal Khan decided to weigh in on the election debate.

In doing so, he alleged that the former Chief Election Commissioner (CEC), Justice (retd) Fakhruddin G Ebrahim turned a blind eye to rigging in the 2013 general elections; Justice (retd) Riaz Kayani was instrumental in rigging the elections in Punjab; all the Election Tribunals are corrupt and former Chief Justices of Pakistan, Justices (retd) Iftikhar Muhammad Chaudhry and Tassaduq Hussain Gilani intentionally appointed dishonest Returning Officers.

There’s obviously no evidence of this as things stand, but then again these days, evidence is out of style.

Elaborating on the allegation against the former CEC, Mr Afzal Khan stated that he was threatened by certain political parties and was thus unwilling to take a stand against the allegedly rampant rigging taking place under the eyes of the ECP.

When asked for supporting evidence, Mr Afzal Khan said he didn’t have any — but he saw it all.

When asked who made the threat, Mr Afzal Khan stated that he wasn’t there at the time — but he was told about it.

When asked when the threat was made, he responded that he wasn’t quite sure — but it was definitely made.

Notwithstanding the utter and complete disregard for evidence, Mr Afzal Khan was ironically 50% correct.

The former CEC was indeed threatened. Miscreants fired gun shots whilst he was at the office of the Provincial Election Commissioner Sindh on Election Day.

A few days later, his daughter’s car was targeted by armed gunmen. These are all facts mentioned in the former CEC’s resignation letter. However, the allegation that these incidents cowered him, is another matter altogether.

It is pertinent that Mr Khan failed to specify even a single instance in which the former CEC backed down due to political pressure or personal threats. That’s precisely because there was none.

What might be of interest, however, that despite such threats, the ECP actually took a decision in favour of Pakistan Tehreek-e-Insaf (PTI) during this period when it decided to hold by-elections in only 43 polling stations in NA-250 on 19 May 2013, which had been suspended on election day due to criminal activity.

This was an argument only advanced by PTI whereas the other contesting candidates argued that the entire election in NA-250 should be held again.

That the ECP made no friends in the lead up to the general elections is also a tribute to its impartiality. At one time or another, each of the mainstream political parties locked horns with the ECP.

The Pakistan People’s Party (PPP) condemned the ECP’s forceful measures to prevent pre-poll rigging before the expiry of their term; the Pakistan Muslim League-Nawaz (PML-N) was aggrieved when the ECP selected the PPP’s nominee for caretaker prime minister instead of the PML-N’s; the Muttahida Qaumi Movement (MQM) raised objections to the delimitation of constituencies in Karachi by the ECP in pursuance of a Supreme Court order; PTI alleged that the scrutiny process was flawed and the nomination papers of dishonest politicians were unjustifiably accepted by the Returning Officers; Jamat-e-Islami (JI) and PTI repeatedly bemoaned the accuracy of the electoral roll in Karachi.

It is no one’s suggestion that the 2013 general elections were free of any rigging whatsoever. That is an ideal which Pakistan needs to aspire to.

That said, the attempt to discredit them altogether is perverse. If the government, ECP and judiciary are all corrupt right the way through, who can we trust? Perhaps independent observers?

The European Union’s Election Observer Mission has said that the 2013 general elections were much more free and fair than previous elections in the country.

The Human Rights Commission of Pakistan stated that it did not find any credible evidence of large-scale or systematic rigging in the country. In its preliminary report, the Free and Fair Election Network (FAFEN) stated that preliminary evidence from more than 41,000 FAFEN observers indicates that the election does reflect the free will of the electorate through a relatively fair process.

Unfortunately, it is unlikely that these findings will find much traction in this charged political climate. However, one can only hope that the democratic process continues in Pakistan and improvements are made to our electoral system after all the political rhetoric subsides.

In the meantime, the former CEC, members of the ECP, former chief justices and election tribunals will continue to take the brunt. This comes with public office in our country.

Justice (retd) Fakhruddin G Ebrahim was acutely aware of this when he accepted his nomination to become CEC. After all, elections, by definition, have winners and losers. But having his appointment endorsed by all parties, including the PTI, he considered it his duty for Pakistan.

After all he has done for the democratic process and rule of law in this country, that we have managed to unashamedly drag his name through mud speaks volumes of the depths we have reached.

The writer is a lawyer at Ebrahim Hosain. He was an advisor to Justice (retd) Fakhruddin G Ebrahim during his tenure as CEC from July 2012 to July 2013.

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