ISLAMABAD: The Election Commission of Pakistan on Tuesday accepted the petitions filed by three local MNAs to transfer their election petitions to another tribunal (Rawalpindi Division).
A four-member bench of the Election Commission, headed by Chief Election Commissioner Sikander Sultan Raja, announced an 18-page reserved order withdrawing the earlier notification of the Election Tribunal comprising Justice Tariq Mahmood Jahangiri for Islamabad Capital Territory.
The orders passed in respect of all the three petitions are almost identical. The petitions were filed by PMLN’s Dr Tariq Fazal Chaudhry, Raja Khurram Nawaz and Anjum Aqeel Khan while the defendants Shoaib Shaheen, Syed Muhammad Ali Bukhari and Aamir Mughal belong to PTI.
The order reads, “… the Commission, without going into the merits of the case or commenting on the integrity and credibility of the Hon’ble Presiding Judge of the Election Tribunal, directs that the Election Petition be transferred from one Tribunal to another.” It can be given if it is in the interest of justice.
“The petitioner intends to get a fair trial in the election petition pending before the Election Tribunal, which can only be possible if he has confidence in the Tribunal. It is demanded for a fair and speedy trial, and due time.” “To ensure a fair trial in all respects, the parties should be given a fair opportunity to defend their case,” the order said.
The Commission pointed out that it had earlier allowed an application (vide order dated 10.06.2024) to transfer the election petition. The respondents then challenged it in the Islamabad High Court, which directed the matter to be decided in accordance with the law and the court’s observations.
“The right to a fair trial and due process is guaranteed to every person by the Eighteenth Amendment, Article 10-A of the Constitution of the Islamic Republic of Pakistan, 1973. The concept of due process is based on the idea that legal proceedings Should be conducted in accordance with established rules, express statutory provisions and have settled rules for adjudicating litigation rights.
The Election Commission concluded that in the light of the above reasons and in exercise of the powers conferred on the Commission under Article 218(3), Article 10-A of the Constitution, and Sections 3, 4, and 151 of the Elections Act. Act, 2017, the transfer request is accepted, and the election petition is transferred to the Election Tribunal for Rawalpindi Division. The tribunal will be headed by Justice (retd) Abdul Shakoor Paracha, who has been given jurisdiction over the Islamabad Capital Territory to try and dispose of election petitions.