The Pakistan Tehreek-e-Insaf (PTI) on Thursday approached the Supreme Court (SC), urging it to ensure they are provided with a level playing field in the upcoming general elections in 2024.
The petition was filed by PTI Chairman Barrister Gohar Khan Ali Khan through his counsel and senior party member Advocate Shoaib Shaheen. In the petition, Gohar has urged the top court to direct the respondents to provide a level playing field to PTI to ensure the conduct of free and fair elections in the interest of justice.
The petition named the federal and provincial governments, as well as the Election Commission of Pakistan (ECP), as respondents.
"It is also prayed that respondents may kindly be restrained to harass the PTI workers/leaders and may also kindly be allowed to participate in the election process without any discrimination, in the interest of justice."
The petition will be placed before a three-judge committee of the Supreme Court, which assigns benches to hear cases. The committee, however, is not due to convene until January 4, 2024, after the end of winter vacations. But by the time the committee convenes, the process for filing nomination papers would have been finalised.
It remains to be seen how the top court, under the leadership of Chief Justice of Pakistan Qazi Faez Isa - who facilitated the consultation process to finalise a date for elections, will treat the matter.
Constitutionally, it is the ECP's task to ensure the conduct of free and fair elections and to facilitate a major political party in the country by providing a level playing field for free and fair elections, the party stated, claiming they were a largest and most popular party in the country.
"Article 218(3) and Article 220 of the Constitution of the Islamic Republic of Pakistan, 1973, it is the constitutional responsibility of the Election Commission of Pakistan to hold and conduct free and fair elections and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with the law," PTI contended.
The arrest, harassment and snatching of nomination forms obtained from different returning officers from the workers and leaders of PTI is illegal, unlawful, and against the fundamental rights guaranteed under the Constitution, the petition maintained.
"Returning officers and the Election Commission of Pakistan are under legal obligation to give free and fair environment and treat PTI at par with other political parties," the petition contended.
"Not observing/following/implementing the cardinal principles of the Constitution of the Islamic Republic of Pakistan is illegal, unlawful, mala-fide, discriminatory and unconstitutional."
The party further said that the ECP must ensure that all contestants or candidates for the elections have equal opportunities without any discrimination.
"It [ECP] is not providing the level playing field and harassing, threatening, abducting and snatching nomination forms from workers/leaders of county largest political party PTI is a serious threat to democracy."