Nilofer’s Corner: Judicial commission’s findings do not imply that 2013 elections were ‘fair’

By Nilofer Qazi

Imran Khan2

Imran Khan accused the electoral managers of ‘rigging’ the election of 2013. It has been over two years since these accusations were made; a protest that lasted 4 months and nearly brought the sitting Government to a standstill resulted in little change, attention or review of Pakistan’s electoral system. Many who support PTI have also observed Imran Khan’s statements claiming irrefutable proof of pre-mediated irregularities & fixing that have been shared with the appropriate authorities. Where is all that evidence?
PTI supporters have also seen a campaign of maligning individuals, institutions and processes that raised many questions about the fairness of office bearers and neutrality of institutions overseeing electoral management processes without any results. Many of what Imran Khan claimed to be ‘facts’ have come into question now and some proven to be inaccurate where both he and his party officials have had to recant and apologize. All of this is on the record and better people have discussed and analyzed these details in much more sophisticated minutia.
My disappointment in Imran Khan aside, what the Judicial Commission’s report, yet to be formally released, states seems to be there was no systematic rigging by the care taker government in favour of the current majority party in power, this also problematic. I cannot pass judgement on evidence provided at the JC since I was not privy to the sessions but I was an active participant of elections 2013. What worries me and observing social media’s reactions and other discussion group forums worries me tremendously. Too many are using this Judgement to continue the current ‘do nothing policy’ on electoral reforms.
Pakistan is a very fragile democracy. The election commission is undermined by political interference, its office bearers do not have the capacity to ensure systems to oversee independent monitoring officers during any elections; the equipment to ensure human error is unavailable and excuses after excuses are made to avoid biometrics for elections. The use of government employees beholden to caretaker officials who in turn are appointment by electoral candidates cannot possibly be the appropriate system for a free fair electoral system. There is no trust in our institutions and institutional managers and hence some kind of trustworthy systems needs to be put in place. Cary on business as usual only serves those who benefit from the current dysfunctional system.
Analysts and political opponents now on the war path against the foolishness of many of Imran Khan’s Statements whether on the TTP or Taliban Office or 35 punctures, will focus on these,& use his lack of growing credibility as the basis to undermine the very very important matter of electoral reform. Credit has to be given to Imran Khan, he is the only political leader and party that persistently highlighted the need for a better electoral system in Pakistan.

Imran biggest challenge is himself.

Imran khan critics need to remember before they begin their gloat fest Yes Imran has many flaws. But bringing up fundamental flaw in our democratic process is certainly not one of them. He may not have proven his case in the court of law or in the judicial commission but to suggest that our elections were ‘ok’ and ‘lets move on’ is just as criminal and intellectually dishonest.

  • krash

    IK should have concentrated on the genuine problems in the electoral process and worked for reforms.
    Instead, he went overboard with wild allegations that could not be substantiated and moved the conversation away from the actual problems in the electoral process.

  • kaalchakra

    Krash sb, making wild allegations is what revolutionaries do everyday. In India, revolutionaries are accusing the government buses of trying to kill them by running over them in front of cameras and journalists. Doubt if anything revolutionaries say or do reduces their credibility among true revolution seekers.

  • RHR

    One thing PTI walas will never be able to get over is this habit of self righteousness. I have loved every moment of their misery after the election results.

  • 786+AoA I agree with Nilofer Qazi Sahiba. As a public interest/ Farze kaffaya oriented lawyer, since 1958-59 I have asked, suppose somebody is prosecuted for murder and is honourably dischARGED under the doctrine of ‘beyond reasonable doubt’ (to wit: not enough evidence brought on record). Well the accused goes scot free. Then, well find the real murderer.
    This morning on AYR , Ahsan Iqbal MBA (Univ of Pennsylvania) CONtended that Pakistan would have become a great developed country if the 1999 Happenings had not occurred. I wont comment on how much Ahsan Iqbal and his mom’s other family members benefited in plots and pelf and patronage from The SharrrReef shenanigans. Truth of the matter is Pakistan was rendered bankrupt by N$. There were less than $300 Million forex reserves (The Nowass Cabal, including Herr Rashid Telly (If you can buy milk from the milkshoppe why keep a buffalo?-fame), had siphoned off all forex to their personal accounts overseas); and some $400 Millions had to be borrowed from ARY in Dubai at open market rates. Not one electricity generation project was initiated by NS and Company. To-date not one merit high appointment has been made by N$ during the three times that he has been PM. The Judicial Commission has simply stated that enough evidence was not placed on record – – does not ponder or proclaim that enough evidence does not exist. The Judicial Commission was up against enormous [Public Relationing and stonewalling by the new Ittefaq Civil Service (ICS that replaced CSP that replaced Raj/ICS) and double standards as well as no worthy tradition of transpARENCY through Docus Tecum Discovery and Disclosures. The lawyers of Imran Khan are signature L L Bs without substance. The declARation of the Judicial Commission is not enforceable, and speaks for itself. It is not indication of popular will. The Judicial Commission has acknowledged that demand for Judicial Commission was fair and reasonable. If Dhandhalee (Corrupt Practices Plus) had been proven, Nawazzzzzz was not to be disqualified, they could participate in the next elections like Reconstructed Virgins of certified Goodness.. and the Oppression continues (who can fight N$ with several trillion rupees in his deep pocket)
    I wrote almost a dozen times to the Commission for a opportunity to appear before it, no acknowledgment or reply was received. I suggested that the JC receive testimonies before credible polygraph- machines (per Art 164 Qanune Shahadat (Pakistan Law of Evidence Order), read with Constl articles 2A to 10A, 30-40, 227), it will separate chancery from chicanery, augmenting credibility. Snobbery is alive and well (jump into it!).
    Our cosmetic Leaders (who are in fact generic geedars) should learn from the examples and role models, Shah of Iran, Prime Minister of Italy, Egypt, Thailand. The decision of the JC is not upholding the dismal performance of N$andCompany.
    In my WP 805/1991 (lodged in 1990) I offered to prove-up that N$ suffers from Irrescindable Pre-Candidacy Threshold Disqualification which is continuing unabated as an Outrage as well as public Nuisance. In open Court I offered to prove up that NS palpably pulled/swindled $1 TRILLION (it is not Billion) worth of public/FAY lands ++ illicitly money laundered over $3 Billions; and upon his urging his two sons are British citizens (thANKS TO indigenous UK-born D E S I, salmaluccki buttnees) under the best Evidence Rule. But after 4 hours of Hearing (90 minutes spent threatening and intimidating or interrupting me) a backdated judgment was issued that my Writ was “Not Maintainable” (given no reasons except thAT in 26 calendar years I once asked for a short adjournment .. in fact truth is pone of the judges had declined to sit in the 5 judges full bench for personal reasons, never explained. sIr Nawazzzz sHARRRrEEF, BA GCMG (1997) need not indulge somnambulence (okay this is a typos, treat it as 2 Artworks by Iqbal Geoffrey) , he is subject to self-analysis and exemplary accountability. Now sectarianism (microscopic collocations of its sublimity date back to ZABhutto is being spread in Turkey, Saudi Arabia and in China.
    Our Holy Prophet p b u h, warned that when double standards become rampant such nations are destroyed by God.
    That commercialization and constipation (qabzz) of education will be one of the INDICATIONs THAT THE dAY OF jUDGMENT IS approaching, is nearly NEARER…
    please pray for the state-of-art Exploited/Uber-Looted/ Oppressed Pakistan… pretty soon our make-believe choudhurrys, sardars, sharrrReefs, zarda-diaries will be abandoning Pakistan and abscond to Bra-Zeal. The trees of Pakistan are Sir-Sir-Sir”’ring… (Guess what do the trees want, it is not rain but the reign).
    A distant relative of mine the Great and Righteous Caliph Omer RA warned that hypocrisy is the least forgivable of sins.
    (I don’t throw the towel before tyranny and sin-seerly call a spade a shovel, fearing only God not pygmies, keera-muccoras or the multiplying noveau riche rif-raff). I will be asking for a Re-Hearing of my 26 year old writ before a different full bench of at least 7-judges who do not regard signing orders as a band-wagon. cracks or quacks need not phone or abuse me, it does not impress or intimidate me. I am not your prey or cuppa. I see and care two hoots for kurSEE.
    THAT REMINDS ME OF SAINT JOHN reminding us in the holy BIBLE: “TRUTH SHALL MAKE YOU (JA)FREE”. When in heat, heed it, S V P.

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