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Election 2024: SC to hear PTI chairman’s plea seeking level-playing field

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  • PTI chairman filed petition under Article 184(3).
  • How can absconders contest elections, asks acting CJP
  • Law of jungle prevailing in country, claims PTI lawyer.

ISLAMABAD: The Supreme Court on Friday fixed the Pakistan Tehreek-e-Insaf’s (PTI) plea — seeking a level-playing field in the upcoming general elections — for hearing today, Geo News reported.

The development comes during the hearing of cipher case against former prime minister Imran Khan when a PTI lawyer raised the issue before a three-judge bench headed by interim Chief Justice Sardar Tariq Masood.

Lawyer Niazullah Niazi informed the court that PTI candidates are not allowed to file nomination papers.

To which, Justice Masood said the Registrar Office would fix the case for hearing today. “If your candidate is an absconder how can then he file the nomination paper,” he asked the PTI counsel.

At this Niazi shared that “Umair Niazi’s, who is present in the court,  father’s nomination papers were torn apart. The Election Commission has also not announced the verdict regarding the election symbol.”

Later, the court formed a three-member bench comprising acting CJP, Justice Mansoor Ali Shah and Justice Athar Minallah was to hear the case.

PTI petition

In its petition, the PTI alleged that the district authorities and provincial and federal governments were not treating it on a par with the other political parties.

Barrister Gohar Ali filed the petition in the apex court under Article 184(3) of the Constitution making the federation of Pakistan through its secretary, Ministry of Interior, ECP and chief secretaries of Punjab, Khyber-Pakhtunkhwa (KP), Sindh and Balochistan respondents.

He prayed to the apex court to direct the respondents to provide a level-playing field to the PTI for the purpose of free and fair elections, in the interest of justice.

He also prayed that respondents should be restrained from harassing the party workers and leaders and they should be allowed to participate in the election process without any discrimination.

The PTI chairman questioned as to whether the ECP was not under a constitutional duty to conduct free and fair elections and facilitate the largest and most popular political party in the country by providing a level-playing field for the purpose of free and fair elections.

Whether arresting, harassing and snatching of nomination forms, obtained from different returning officers, from workers and leaders of PTI was not illegal, unlawful and against the fundamental rights, guaranteed under the Constitution, the PTI chairman asked.

He also questioned as to whether the returning officers and the ECP were not under a legal obligation to give a free and fair environment and treat PTI on a par with other political parties.

He asked whether not providing a level-playing field to the PTI, and harassing, threatening and abducting party members and snatching nomination forms from them was not a serious threat to democracy.

Gohar informed the SC that he had approached the ECP by filing an application on Dec 19 for conducting free and fair elections while directing all authorities and parties concerned to act impartially and provide a level playing field.

Unfortunately, he added, the ECP remained passive and to date, no order for transparency and fairness of elections had been made, which was damaging the integrity of the Islamic Republic of Pakistan.

Feeling aggrieved, the petitioner also filed a writ petition before the Lahore High Court Rawalpindi Bench, which was yet not fixed, the PTI chairman submitted.

He contended that the district management/ provincial and federal governments were not treating the PTI on a par with the other political parties.

He pointed out that even after the issuance of the schedule by the ECP, the PTI was not being allowed worker conventions, corner meetings or any such political gatherings, which were guaranteed to every other political party in Pakistan.

He submitted that December 20, 2023 was the first day for the submission of nomination forms, according to the schedule issued by the ECP, adding that different PTI workers and leaders obtained nomination forms from different returning officers but not only were those citizens arrested but in some cases the nomination forms were snatched from the party workers/leaders.

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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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