Tribunals’ failure

Published November 19, 2024

THE election tribunals have let the nation down.

Following one of the most contested general elections in recent memory — elections so controversial that, more than nine months later, they still cast a long shadow over the incumbent government — these tribunals were tasked with adjudicating the results of 350 National Assembly and provincial assembly seats that had been disputed by the candidates.

It was expected that the tribunals would work in an expeditious manner and do justice where there was compelling evidence of misdoing, as alleged by many candidates and supported by the findings of various independent observers. By acting transparently and with purpose, they could have helped the nation move forward. Instead, with the year almost out, only 17pc of the cases before them have been decided; the legitimacy of the ruling set-up remains in doubt, while yet another protest has been called this coming weekend to protest the ‘theft’ of the people’s mandate.

Meanwhile, the ruling coalition has been able to use its numbers to pass a highly controversial constitutional amendment and a slew of widely criticised laws to consolidate its strength. The Election Commission of Pakistan, which is responsible for appointing the tribunals, has seemed least interested in their progress, even though legal deadlines for the conclusion of tribunal proceedings have long lapsed.

Indeed, the ECP was itself responsible for delaying the formation of election tribunals for Punjab, where the bulk of the disputes were registered, over a petty turf war with the Lahore High Court. Though it eventually managed to appoint retired judges of its choice — thanks to some timely changes to the law — it has now emerged that four out of the eight tribunals for Punjab had not heard a single petition by Nov 15, while the remaining four had decided only 10 out of the 155 disputes lodged. The Balochistan tribunals fared better, having resolved 30 out of the 51 disputes before them. On the other hand, the KP and Sindh tribunals had respectively decided only eight and 12 of the disputes before them.

With the election tribunals having thus failed to fulfil the purpose for which they were created, it is not surprising that Pakistan has not been able to stabilise. In the absence of the legitimacy conferred by a free and fair election, the authorities continue to resort to repressive means to enforce ‘order’. However, these will not bear long-term results and are only hollowing out the country’s already crumbling political structure.

It is imperative, therefore, for the election tribunals to conclude all proceedings as soon as possible while delivering justice. Too much time has already been lost in dilly-dallying — all further proceedings must now be completed transparently so that faith in the electoral process can be restored.

Published in Dawn, November 19th, 2024

Opinion

Editorial

Stirring trouble
Updated 08 Dec, 2024

Stirring trouble

The demands put forth this time are simple and doable at little political cost.
Unfairness in cricket
08 Dec, 2024

Unfairness in cricket

HOPES that cricketing ties between Pakistan and India would be strengthened by the latter team’s visit across the...
Syria rebel advance
08 Dec, 2024

Syria rebel advance

CITY after city in Syria is falling into rebel hands as Bashar al-Assad’s government looks increasingly vulnerable...
Threat perception
Updated 07 Dec, 2024

Threat perception

Despite clear proof of the threat posed by malign armed actors, the military and civilian leadership prefers to focus on political opponents.
Humanity at risk
07 Dec, 2024

Humanity at risk

HUMAN trafficking continues to remain an area where the state has utterly failed its citizens. While global...
Banks and larger goals
07 Dec, 2024

Banks and larger goals

THAT banks in Pakistan “prioritise profit over purpose” and promote financial products with limited knowledge of...