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Elections may face delay after LHC verdict, fear experts

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  • Dilshad expects elections may be delayed by few days.
  • He said 54-day election schedule likely to be affected by LHC order.
  • He requested the court to annul the ECP’s notification.

ISLAMABAD: The Lahore High Court (LHC) order on Wednesday to suspend the Election Commission of Pakistan’s (ECP) notification to requisition returning officers from bureaucracy is likely to delay the Feb 8 general elections.

ECP former secretary and presently caretaker Punjab CM’s Adviser on Law Kanwar Dilshad, when approached, told The News that Feb 8 elections are likely to be delayed because of the LHC judgment. Dilshad said a few days delay in the polls is expected as the issue regarding suspension of ECP notification for appointments of Returning Officers (ROs) and District Returning Officers (DROs) will soon be taken up and decided by a larger bench of the LHC.

The Punjab government’s adviser on law and expert on elections said that in view of the LHC order, the Election Commission of Pakistan has suspended its 11th December notification (regarding the appointment of ROs and DROs) as well as the trainings of these election officers.

Dilshad said that as per the original plan, the ECP was to issue election schedule on 15th or 16th of December to hold elections on Feb 8, 2024. Now, he said, it may be done once the larger bench of LHC finally decides the matter regarding the appointment of ROs and DROs.

Dilshad, however, expects that the elections may be delayed by only for a few days as the election law requires a minimum of 54 days election schedule. He said the election schedule is likely to be affected by the LHC order.

The LHC on Wednesday suspended the Election Commission of Pakistan’s notification to requisition returning officers from bureaucracy for the February 8 general election.

Announcing his reserved verdict on a petition, Justice Ali Baqir Najafi sent the case to LHC Chief Justice for hearing by a larger bench. Petitioner Umair Niazi contended before the court that the Election Commission has contacted the government for returning officers, and added impartial and transparent elections could not be expected from a caretaker government. He requested the court to annul the ECP’s notification.

During the hearing, the ECP’s counsel requested the court to reject the petition as inadmissible, contending the commission wrote letters to the judiciary but it refused to provide judicial officers. It is ECP’s responsibility to conduct fair and transparent elections, the counsel had added.

The LHC, in its order, said, “On factual ground, the apparent absence of a level playing field for the political party of the petitioner is visible to all and has also been seriously noted by many independent groups. With top political leadership locked inside the jail or gone underground, the electioneering by his political party would be a big question mark. The apprehension of the petitioner of avoiding fair and free elections by the Election Commission of Pakistan appears to be well founded as some District Returning Officer, Returning Officers and Assistant Returning Officers are appointed from the presently posted members of administration throughout the country with whom the petitioner’s political party does not inspire any confidence.”

Pildat chief fears polls delay due to LHC decision

Ahmad Bilal Mehbob, president of the Pakistan Institute of Legislative Development and Transparency (Pildat), fears the Lahore High Court’s decision of suspension of the order of the Election Commission of Pakistan for the appointment of Returning Officers from the bureaucracy could cause delay in elections.

Talking to The News, the Pildat president was of the opinion that elections should not be delayed and the Supreme Court should reverse the decision of the LHC so that elections are held on time.

He said the LHC decision came at a time when the Election Commission of Pakistan was about to announce the election schedule.

He did not see anything wrong in the appointment of ROs from administration after the refusal from the judiciary.

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Reaction to the PTI protest call by Fazlur Rehman

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Maulana Fazlur Rehman, speaking on a private television station, said that the PTI is always coming to the streets, which really lessens the impact of a protest.

He also suggested to the PTI leadership that rather than carrying on with the agitation, it should finally put a hard hand down, which would be the final nail in the coffin.

He continued, citing the JUI protests as an example, saying, “We had a strong grip over our protesters and workers, so neither road was closed nor any property damage occurred during protests.”

The PTI has the right to protest, but Maulana Fazlur Rehman described the party’s agitation strategy as insufficient, stating that it is currently being “exposed which maynot be a good sign’.

Ali Amin Gandapur, the chief minister of Khyber Pakhtunkhwa, promised not to go back home unless the PTI founder was freed. During their demonstration, Imran Khan’s wife, Bushra Bibi, encouraged the party officials to come up with strategies to avoid being arrested.

According to an alleged audio recording, she stated that November 24 will be a loyalty test for PTI members.

Additionally, the government of Islamabad has enforced section 144 for a period of two months, which prohibits processions, rallies, demonstrations, and meetings of five or more individuals in the city.

As per the notification, the prohibition forbade meetings in any public space inside the boundaries of Islamabad, including the Red Zone, which encompasses important government buildings, diplomatic missions, and other sensitive sites.

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PTI representatives conjecture in the media over Imran’s approval of bail: FIA investigator

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The hearing on the PTI founder’s bail application in the Toshakhana-2 case has resumed at the Islamabad High Court (IHC), with Justice Mian Gul Hasan Aurangzeb serving as the presider.

The hearing was attended by the defense attorney, Barrister Salman Safdar, and FIA prosecutor Zulfiqar Abbas Naqvi.

Judge Mian Gul Hasan Aurangzeb told the FIA prosecutor to “leave the media alone and exempt yourself from them” in order to avoid commenting on the media. The statement followed the prosecutor’s assertion that the bail would be granted, which had previously been reported by media sources.

In addition, the court questioned whether the receipts in question were issued in the name of Bushra Bibi or the PTI founder itself. Bushra Bibi’s name was on the receipts listed in the challan, according to Barrister Salman Safdar.

Defense arguments
The defense expressed displeasure about the case’s 3.5-year registration wait. The prosecution has swore in Sohaib Abbasi and made Inamullah Shah a crucial witness without requiring them to take an oath.

Barrister Salman Safdar highlighted that multiple agencies, including NAB, FIA, Police, and the Election Commission, have initiated actions related to the Toshakhana case, suggesting procedural redundancy.

Regarding a phony Toshakhana receipt, he contended, the Kohsar Police Station has also filed a case.

Position of the prosecution
The FIA prosecutor, Umair Majeed Malik, maintained that the valuation of the jewelry set mentioned in the case would be explained in the prosecution’s evidence.Justice Mian Gul Hasan Aurangzeb remarked, “If the media does not spread sensationalism, how will they conduct their business?” He dismissed rumors about his health, stating that he was present and hearing the case despite such reports.

Status of Co-Accused
The court was informed that Bushra Bibi, a co-accused in the case, is currently on interim bail and awaiting a decision by Judge Afzal Majuka. Barrister Salman Safdar expressed hope that Judge Majuka would soon announce his verdict.

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Naqvi visits Fazl to express gratitude for contributions to the 26th amendment.

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Federal Interior Minister Mohsin Naqvi convened with Jamiat Ulema-e-Islam Fazl (JUI-F) leader Maulana Fazlur Rehman to deliberate on issues of shared concern and the current political landscape in the nation.

In today’s meeting in Islamabad, Mr. Naqvi asked about Maulana Fazlur Rehman’s health and sent his best wishes for the JUI chief’s well-being and future pursuits.

Naqvi extended his appreciation to Maulana Fazlur Rehman for his crucial contribution to the enactment of the 26th Constitutional Amendment, which he characterised as a significant milestone in Pakistan’s legislative history.

Following the meeting, Naqvi commended Mr. Fazlur Rehman’s commitment to the nation, asserting, “Maulana Fazlur Rehman has consistently prioritised Pakistan’s interests, and his contributions to the country are indispensable.”

The experienced politician reaffirmed his dedication to Pakistan and its populace, stating, “Our priority has consistently been Pakistan and the well-being of its citizens.”

Senator Kamran Murtaza attended the meeting.

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