ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) claims that the equal playing field is being denied in advance of the 2018 general elections are “prima facie correct,” according to Supreme Court Justice Athar Minallah, who made this observation on Friday.
While listening to the PTI’s demand for equal rights in the general elections, he offered these observations.
The petition was heard by a three-judge panel that included Justice Minallah, Justice Syed Mansoor Ali Shah, and Acting Chief Justice Sardar Tariq Masood.
Regarding the raid on the former leader of the Pakistan Terrorist Organization, Justice Minallah stated that all events at the residence of politician Usman Dar were reported in the press.
In the courtroom was also the director general law of the Election Commission of Pakistan (ECP).
The highest court ordered the ECP official to meet with the PTI attorneys today at 3:00 p.m.
Additionally, the SC directed the attorney general to support the ECP in scheduling a meeting with the PTI attorneys.
Despite the release of the election timetable, PTI founder Imran Khan’s attorney, Shoaib Shaheen, said that Maintenance of Public Order (MPO) orders were still being issued against party leaders.
He said that neither the nomination papers nor their submission were being given to the PTI candidates.
Acting Chief Justice Sardar Tariq Masood questioned the ECP about why no action was being taken to halt the MPO orders from being issued.
After examining the complaints, Justice Masood stated that the election body would receive an order to address each one.
They ought to be permitted to turn in the documents to the Election Commission, according to attorney Shoaib Shaheen,
The ECP was instructed by the supreme court to handle each of their grievances. In response, the court was promised assistance by the attorney general and the ECP.
Justice Shah further asked the Attorney General to provide a resolution to all of those issues. The attorney general stated that in order to make sure that no candidate had a problem, the ECP should request reports from each inspector general.
All IGs were instructed by Justice Masood not to harass PTI candidates. Even attorneys were being detained from the ROs’ offices, according to the PTI’s legal representative.
Numerous PTI leaders were wanted in various matters, according to Justice Masood. Attorney Shoaib Shaheen responded, “The wanted leaders were appearing in the respective courts.”
“They are being arrested even though they are receiving protective bail orders from the appropriate high court,”
Additionally, the election commission has not yet made the decision about the election symbol public.
PTI application
The PTI claimed in its petition that it was not receiving the same treatment from district administrations, provinces, and the federal government as other political parties.
Barrister Gohar Ali, acting on behalf of the Ministry of Interior, ECP, chief secretaries of Punjab, Khyber-Pakhtunkhwa (KP), Sindh, and Balochistan, as well as respondents, filed the case at the supreme court under Article 184(3) of the Constitution creating the federation of Pakistan.
In the spirit of justice, he begged the supreme court to order the defendants to give the PTI an even playing field in order to facilitate free and fair elections.
Additionally, he prayed that the responders would not harass the party workers and inquiring as to whether the ECP did not have a constitutional obligation to hold free and fair elections and support the nation’s biggest and most well-liked political party by creating an even playing field, the PTI chairman raised this question.
The PTI chairman questioned whether it was not unconstitutional, unlawful, and against the fundamental rights protected by the Constitution to arrest, harass, and steal nomination forms from PTI leaders and employees that were collected from various returning officers.
He further questioned if it was not legally required of the returning officers and the ECP to provide a free and fair environment and to treat PTI equally with other political parties.
He questioned whether harassing, threatening, kidnapping, and stealing nomination forms from PTI members—along with not offering them a fair playing field—was not a significant threat to democracy.
Gohar told the SC that he had applied to the ECP on December 19 in order to have free and fair elections, and that he had instructed all relevant authorities and parties to act impartially and provide equal opportunities.
Sadly, he said, the ECP has remained mute and no decree for election fairness and transparency has been issued, which is undermining the integrity of the Islamic Republic of Pakistan.
The petitioner, who was offended, also brought a writ case to the Lahore High Court Rawalpindi Bench, but the date of the case has not yet been set, according to the PTI.
He argued that the PTI was not being treated equally with other political parties by district management, the province government, and the federal government.
He emphasized that the PTI was still denied access to worker conventions, corner meetings, and other political gatherings, despite the ECP’s schedule having been issued. This was a privilege extended to all other political parties in Pakistan.
According to the schedule published by the ECP, he stated that December 20, 2023, was the first day for nomination forms to be submitted. He also mentioned that various PTI leaders and workers had received nomination forms from various returning officers; however, not only were those citizens arrested, but in some cases, the nomination forms had been stolen from the party leaders and workers.