A bench consisting of Justice Ijaz Anwar and Justice Syed M. Attique Shah directed the ECP to inform it about the steps taken by it to hold polls in a fair manner and address the grievances of the PTI about discrimination against it over the holding of public meetings and conventions.
It observed that it had to see why a political party was not permitted to hold public meetings, while the others were freely carrying out their political activities.
“Apparently, the caretaker government has overstepped its constitutional mandate and now we have to ask the Election Commission of Pakistan about the steps it has taken for ensuring free and fair general elections in the country,” Justice Ijaz Anwar observed.
PHC wonders why complaints are coming in from one party only
The bench fixed Dec 5 for next hearing into a petition filed by senior vice-president of the PTI Sher Afzal Khan Marwat for its directives to the administration to allow the party’s workers convention in Peshawar on Dec 10, and a contempt petition of PTI provincial president Ali Amin Gandapur and two other leaders.
The contempt petition was filed for seeking contempt proceedings against the provincial government and the administration of Mansehra district for not allowing the party to hold a workers’ convention despite the court’s orders of Oct 26.
The petitioners have requested to initiate proceedings against the relevant officers, including the provincial chief secretary, Mansehra DC and DPO, and others.
Advocate Sher Afzal Marwat appeared in person, whereas Shah Faisal Uthmankhel, Ali Zaman, Inam Yousafzai and other lawyers appeared in the contempt petition.
KP advocate general Aamir Javed and additional advocate general Danyal Chamkani along with senior superintendent of police (operations) Kashif Aftab Abbasi, additional deputy commissioner Sania Safi and other officials.
Mr Afzal argued that the PTI had given applications for holding workers conventions in different districts. He added that an application was also submitted on Nov 24 for holding a convention in Peshawar on Dec 10 but it had so far not been given permission.
He contended that during the last couple of days, 48 FIRs were registered against PTI workers and leaders in different parts of the province.
The PTI leader claimed that two party workers were injured when the police resorted to brutal baton-charge and firing at a peaceful workers convention in Upper Dir district.
“On one hand, our workers were tortured and on the other, fabricated cases were registered against them,” he claimed.
Mr Afzal questioned how a single political party could be barred from carrying out political activities, which was their constitutional right.
“We have moved the court for safeguarding our rights guaranteed in the Constitution of Pakistan,” he added.
Mr Afzal said six criminal cases were registered against him, whereas dozens of their workers were arrested in Swat and were booked under the Anti-Terrorism Act and provisions of Pakistan Penal Code.
AG Aamir Javed said the PTI had not taken permission of the workers convention in Upper Dir.
He said under the standard operating procedure to which the PTI was a signatory, the party had to apply for permission at least nine days before holding a meeting.
SSP Kashif Abbasi said that it was necessary to inform the bench about what had happened on May 9 and afterwards as workers of PTI had tried to enter the Red Zone and had also hurled abusive language against state institutions.
He said that the police had adopted maximum possible restraint and resorted to minimum baton charge to restore peace.
The SSP pointed out that their prime concern was the security situation and safeguarding public life and property.
ADC Sania Safi said that the administration received the party’s application on Dec 24 and under the SOPs, it was to receive a report from the police, which was to be there in five days. She added that the process would be completed in nine days.
Mr Afzal pointed out that wherever the PTI went for the workers convention the same day, the administration imposed Section 144 of the Code of Criminal Procedure banning gatherings.
When Justice Syed Attique Shah asked the AG why complaints were coming about the targeting of just one party, he replied that the government was interested in free and fair elections and the PTI would not be discriminated against in any manner if the latter should follow the law and maintain public order.
He added that PTI workers had created a law and order situation and removed police barricades in Upper Dir district.
Published in Dawn, November 30th, 2023
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