LAHORE: The election tribunal on Monday directed lawyers of National Assembly Speaker Sardar Ayaz Sadiq and Pakistan Tehreek-i-Insaf chief Imran Khan to come up with final arguments on an application of the latter seeking verification of the NA-122 electors’ thumb impressions through Nadra.

Representing Mr Khan, Advocate Anees Hashmi argued that an inspection held by a local commission revealed a lot of discrepancies in the record.

Take a look: Election tribunal orders opening of ballot bags in NA-122

He said forensic verification of thumb impressions through Nadra was necessary to know the validity and fate of the unauthorised ballot papers used during the polling.

The counsel further argued that perusal of the record showed that the alleged rigging was pre-planned and not a result of negligence of polling staff.

Barrister Asjad Saeed, the speaker’s counsel, opposed the plea and said the verification of the thumb impressions at this stage would be a waste of time and money.

Quoting a media advertisement by Nadra, the counsel said all CNIC numbers issued until 2005 could not be used for verification of mobile phone SIMs as new thumb impressions have to be taken for the verification.

This fact alone showed that thumb impressions taken for CNICs until 2005 could not be used to identify persons from whom such thumb impressions were obtained, he said and added the inability of Nadra to undertake this exercise was again highlighted in proceedings of the parliamentary committee in National Assembly during several meetings.

Barrister Saeed pointed out that the Nadra director general had admitted that the life of the ink used for imprinting thumb impressions in the 2013 polls was only between four and six hours after opening, whereas the polling started at 8am and concluded at 6pm, i.e. lasting for 10 hours.

He further argued that the PTI chief should have asked for the verification of thumb impressions along with his application for constitution of a local commission to hold inspection of the record.

The counsel said the impugned request was not maintainable under the principle of “constructive res judicata.” This principle bars determination of claims, which were failed to be raised at appropriate time in earlier proceedings.

Tribunal member Kazim Ali Malik adjourned further hearing till Feb 27 and asked the counsels to come up with final arguments on the matter.

Published in Dawn February 24th , 2015

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