Pakistan Tehreek-e-Insaf (PTI) leader Azam Khan Swati Monday filed in the Supreme Judicial Council (SJC) a complaint against Chief Election Commissioner Sikandar Sultan Raja, seeking action against him on the grounds of manipulating the elections.
Action was also sought against the Election Commission of Pakistan (ECP) members, including Justice (Retired) Ikram Ullah Khan, Nisar Ahmed Durrani, Shah Muhammad Jatoi and Babar Hassan Bharwana.
This is a second complaint filed by either the PTI or a PTI member against the ECP's chief and members in SJC. Earlier on July 27, PTI and its chairman had moved a similar complaint.
On Monday, Swati, through his counsel Ali Azim Afridi, requested the SJC to recommend the removal of the chief election commissioner and its members.
"Moreover, the Supreme Judicial Council may initiate appropriate proceedings against any person surfacing during the course of inquiry and shall also take notice of the statement of Rawalpindi Commissioner Liaquat Ali Chatha, in terms of electoral fraud, associating constitutional office holders, i.e. [Chief] Justice Qazi Faez Esa and Sikandar Sultan Raja vis-à-vis the events unfolded, in shape of letters of six-judges of IHC and the rest; to nip the evil in the bud, once and for all," the complaint stated.
Swati further stated that several times, the conduct of the ECP remained questionable, adding that the top poll body allowed the caretakers to ring-the-changes, not restricted to transfer/postings, policy-making and enabling them to appear as elected ones; in the name of conducting elections and at the cost of public exchequer; to be policy-driven.
The former senator claimed the respondents in his complaint allegedly went to the extent where the caretakers, at full swing, registered cases and arrested commoners, political leaders and, in particular, those associated with the PTI, to make sure that the political party, per se, is ousted from the contest and the political parties i.e. the Pakistan Muslim League-Nawaz (PML-N), Pakistan Peoples Party (PPP), Jamiat Ulema-e-Islam Fazl (JUI-F), Awami National Party (ANP) etc. are at leverage and so, were allowed, scot-free, during and after the process of elections.
"It goes without saying that the respondent(s), in league with and active connivance of state machinery, made it useful and, as a matter of routine, hatched, cock-and-bull stories, just to make sure that, elections are delayed and are conducted, otherwise than, in accordance with the constitution and law."
Swati claimed that state machinery and the ECP were hell-bent on making sure that the Superior Courts' judgments were defeated. He posited that it was the talk-of-the-town, that elections would be conducted, once Mr. [Chief] Justice Qazi Faez Isa became the Chief Justice of Pakistan and his predecessor retired. At the same time, simultaneously lawlessness spearheaded by the executive functionaries, meant to assist the ECP, within the meaning of Article 220 of the Constitution of Islamic Republic of Pakistan.
The former senator made a wild accusation that some state officials including officials from sleuthing agencies, including the chiefs of the Inter Services Intelligence (ISI) and Military Intelligence (MI), had met with the then Chief Justice of Pakistan and Judges, in their chambers; reiterating the sponsored-excuse, doled-out by respondents.
Swati's complaint further said that foul-play in organising and conducting elections benefited those who saw Justice Qazi Faez Isa as their "messiah". With the active support and connivance of the respondents, the state-machinery; which events, in any shape; were supposed to be attended by the respondents and to an extent, the court(s).
"The respondents in-league with state-machinery i.e. executive functionary; went-on, to abduct candidates, interested to contest elections, belonging to Pakistan Tehreek-e-Insaf and at-best, rejected the nomination paper(s) of those, making it to the, office of Returning Officer(s); for reasons neither just nor appealing and in dereliction of electoral laws and settled jurisprudence; and with no action, whatsoever," Swati's complaint read.
"Such flagrant violation and abuse of process of law didn't end here. Rather the respondents, did facilitate the caretakers i.e. Sarfaraz Bugti, Nawabzada Jamal Raisani, Pir Haroon Shah so on and so forth; to contest elections, who otherwise, were not eligible to contest the immediate, following elections to such assemblies within the meaning of Article 224(1B) of the Constitution of Islamic Republic of Pakistan; since, they facilitated the respondents, in their cause of, trampling the Constitution and the laws governing the state; to say nothing of half-baked objection, if any."
Swati contended that the respondents, after securing the desired results, made sure, that the caretaker Prime Minister and the Chief Minister of Punjab, is facilitated; and as for now; are holding coveted, positions; without fail; to say nothing of their assets and liabilities given the alleged doctored press release dated November 14, 2023; yet to be shared and made public.
The complainant said that information provided seeks intervention of the SJC for inquiring into the conduct displayed by the respondents, throughout the electoral-process.
"The events unfolded, in seriatim, including therein and not restricted to delaying Senate Elections of Khyber Pakhtunkhwa, 2024 and Order of the Supreme Court in Reserved Seats Case; defeating the very object of Article 59 of the Constitution; is sufficient enough, for recommendations of ordering removal of respondents from the Constitutional Office."