ISLAMABAD: Former prime minister Imran Khan moved Pakistan’s top court on Wednesday seeking the formation of a judicial commission to investigate alleged rigging in the Feb. 8 election, with analysts saying a precedent existed in the past where the Supreme Court formed a commission to probe whether polls had been rigged or not.
Independent candidates backed by Khan won the highest number of seats in Pakistan’s lower house of parliament, National Assembly, following a contentious vote last month. Voting was marred by delays in the announcement of results and the government’s move to shut down mobile phone networks on election day due to security reasons.
Khan, who has been incarcerated since August last year following his convictions in multiple cases, has accused Pakistan’s powerful military and the Election Commission of Pakistan (ECP) of keeping him and his Pakistan Tehreek-e-Insaf (PTI) party away from elections. Both deny his allegations.
The PTI alleges it won around two-thirds majority in the polls but Pakistan’s election regulator manipulated the results to deny them victory in several parts of the country. The PTI and other political parties have held protests since last month in many parts of the country against the alleged vote manipulation.
“It is therefore repeatedly prayed that a judicial commission, consisting of serving Supreme Court judges holding no bias toward anyone, be formed to inquire, audit and examine the manner and process of general elections of 8 February 2024,” Khan’s petition read. It was filed by senior advocate Hamid Khan.
The petition said the judicial commission should also look into “the developments that took place thereafter of compiling false and fraudulent results rendering winners into losers and losers into winners.”
It urged the top courts that the governments in Punjab and center be “immediately suspended” till the results of the probe are not made public.
Advocate-on-Record Syed Rifaqat Hussain Shah said it was now the “sole prerogative” of Chief Justice Qazi Faez Isa to take the petition up for hearing.
“We cannot comment on it now whether the chief [justice] will entertain the petition or not,” Shah told Arab News.
Legal experts said the top court would first determine whether the petition was maintainable by issuing notices to relevant parties in the case.
“If the court reaches a conclusion that enough ground is available to maintain the petition, then it may order the constitution of the judicial commission to probe the Feb 8 elections,” advocate Tayyaba Abbasi told Arab News.
She said a precedent existed in Pakistan when the Supreme Court issued orders to form a judicial commission to probe rigging allegations.
In 2015, former Pakistan chief justice Nasirul Mulk ordered the formation of a judicial commission to probe rigging allegations in the 2013 general election.
“If the court constitutes the judicial commission for the purpose, then it may devise the ToRs [Terms of Reference] to proceed with the investigation,” Abbasi explained.
Advocate Burhan Moazzam Malik said the Supreme Court could invoke its jurisdiction in matters involving the public’s interest at large. He said allegations of national polls “not being fair and transparent” were a national issue that deserved to be probed thoroughly.
“A reasonable approach toward the matter of public interest warrants a judicial commission by the top court,” Malik told Arab News.
“Since this is a highly contentious issue, therefore I personally see slim chances of the constitution of the commission to investigate the matter.”
