ISLAMABAD: After several twists and turns, the PTI’s struggle for the formation of a judicial commission to investigate allegations of rigging in the last general elections paid off, as the Supreme Court constituted a three-judge commission which will commence hearings from Thursday.

Chief Justice of Pakistan Justice Nasirul Mulk will head the inquiry commission to look into alleged rigging in the 2013 elections. Justice Amir Hani Muslim and Justice Ejaz Afzal Khan are two other judges on the first-ever special judicial commission of the Supreme Court.

“In pursuance of the request sent by Ministry of Law, Justice and Human Rights under the General Election 2013 Inquiry Commission Ordinance, 2015, the Chief Justice of Pakistan has constituted the judicial commission which shall comprise the following: Mr Justice Nasirul Mulk, Honourable Chief Justice and Chairman; Mr Justice Amir Hani Muslim, Member; and Mr Justice Ejaz Afzal Khan, Member,” says a Supreme Court announcement issued here on Wednesday.

But immediately after the formation of the commission, former chief justice Iftikhar Mohammad Chaudhry issued a statement stating that he would personally appear before the commission to rebut allegations against his alleged role in rigging in case PTI chief Imran Khan continued censuring him by levelling unfounded and false allegations without any proof.

The statement was issued through his counsel Advocate Sheikh Ehsanuddin, who is pleading Justice Chaudhry’s defamation case against Mr Khan.

First hearing today about poll rigging allegations

In case Mr Khan repeated his accusations against Justice Chaudhry during proceedings, he (the former chief justice) will have no option but to appear in person before the commission and not only refute whatever allegations Mr Khan levels, but will also present his comprehensive and detailed point of view, Mr Ehsanuddin told Dawn.

It is likely that the judicial commission will meet for the first time on Thursday to determine how to regulate its procedure, as provided under the April 3 presidential ordinance.

“Both the PML-N and the PTI can breathe a sigh of relief after the formation of this commission,” senior counsel Chaudhry Faisal Hussain commented.

“I am hopeful that the PTI will not disappoint and will produce satisfactory evidence to prove malpractice in the last elections because a great responsibility now lies on its shoulders; to prove rigging. It should also be clear that the commission is a fact-finding forum but since it consists of Supreme Court judges, its findings will have a very powerful legal effect on the political landscape of the country,” he observed.

The commission will also investigate whether the last elections were manipulated or influenced in a systematic manner or by design by anyone, or not. It will also settle whether the results of the 2013 elections, on an overall basis, are a true and fair reflection of the mandate given by the electorate or not.

The ordinance expects the commission to complete and submit its findings on the rigging allegations to the federal government as expeditiously as possible, preferably within 45 days of its first meeting.

The rigging inquiry will not prejudice any pending election petition relating to the 2013 elections before any election tribunal or court.

Published in Dawn, April 9th, 2015

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