PHC orders action in case of ‘discrimination’ against any political party ahead of polls

PESHAWAR: The Peshawar High Court on Wednesday declared that if district administrations in the province were found to be discriminating against any political party in the run-up to the forthcoming general elections, the Election Commission of Pakistan should report them to the provincial chief secretary for action.

It also directed the ECP to seek reports from its district officers daily about the conduct of district administrations towards political parties for ensure they all get a level playing field for taking part in the polls.

In the five-page detailed judgement on a Pakistan Tehreek-i-Insaf contempt petition, a bench consisting of Justice Ijaz Anwar and Justice Syed Mohammad Attique Shah also “reminded the ECP of its constitutional obligation of conducting free and fair elections and providing a level playing field and equal opportunity to all political parties, including the PTI, without any discrimination.”

The petition was disposed of on Dec 7 after KP chief secretary Nadeem Aslam Chaudhry and ECP officials told the court that all parties were being “treated equally and in accordance with the law.”

Asks ECP to get reports about conduct of district admins from its officers daily

“We find ourselves satisfied by the commitments so made by the worthy chief secretary, Khyber Pakhtunkhwa and expect that he will follow the constitutional mandate and the law, and shall provide a level playing field to all political parties as committed before this court,” the bench observed in the verdict.

The petition was jointly filed by PTI provincial president Ali Amin Gandapur and legal coordinator Mashal Azam, and Insaf Lawyers Forum provincial vice-president Malik Arshad Ahmad, requesting the court to initiate contempt proceedings against the provincial chief secretary, Mansehra deputy commissioner and its district police officer for “not permitting” the party to hold a workers convention despite the court’s Oct 26 orders.

“We, in our earlier judgement, too, reiterated the powers and functions of the Election Commission of Pakistan, the interim setup and the administration and reiterate again that it is the constitutional duty of the Election Commission of Pakistan to organise and conduct the elections and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law.”

“Similarly, the caretaker setup is also bound under the law to assist the Election commission of Pakistan to hold elections in accordance with law, not to attempt to influence the elections or do or cause to be done anything which may, in any manner, influence or adversely affect the free and fair elections.”

The bench declared that the PTI was the only party, which was repeatedly approaching the high court with petitions either questioning the orders passed under the West Pakistan Maintenance of Public Order Ordinance or FIRs registered against their workers and political leaders or complaining about the denial of a level playing field and hurdles created for its campaigns to engage voters and supporters.

Advocates Shah Faisal Uthmankhel, Ali Zaman and Mohammad Inam Yousafzai had represented the petitioners and contended that the petitioners had so far been dealt with discrimination by authorities, which didn’t allow them to start the election campaign.

Referring to FIRs registered against PTI leaders and workers, they insisted that all those party activists were charged on political grounds.

Advocate general Aamir Javed, however, denied the assertion and claimed the PTI had been freely holding the workers conventions in the province with one organised in Peshawar only a day ago.

He insisted that the petitioners didn’t follow standard operating procedures formulated by the government for political activities.

The chief secretary informed the bench that on the directions of the court, certain SOPs were formulated with the consultation of the district administrations and senior officers and that all political parties would be treated accordingly.

Also, counsel for the ECP Sajeed Sheharyar Swati and Mohsin Kamran Siddique and ECP director general (law) Mohammad Arshad insisted that the Election Commission intervened whenever it received complaints regarding discrimination.

They also referred to an ECP letter written to the caretaker prime minister’s principal secretary on Nov 22 to ensure a “level playing field and equal opportunity” for all political parties without discrimination to carry out election campaigns.

Published in Dawn, December 14th, 2023