Unfair Treatment
March 26, 2019
Challenge Before The ECP
March 27, 2019

 

Honorable Mr. Justice Mian Saqib Nisar,                                      7 June 2018

Chief Justice, Supreme Court of Pakistan.

Constitution Avenue, G-5/2, Islamabad.

Ph: 051 9220581

 

 

Your Honor,

 

An appeal for suo moto action to ensure effective scrutiny of parliamentarians’  affidavits required by the Honorable Supreme Court’s judgment of 6 June 2018.

 

 

  1. The people of Pakistan deeply appreciate the Honorable Supreme Court’s judgment of 6 June 2018 that requires all Parliamentarians to submit an affidavit containing information that is crucial for voters to make a well-considered voting decision.
  2. There are however two impediments that could largely nullify the entire purpose of these affidavits. These are:

 

  1. The Election Commission of Pakistan (ECP’s) failure to scan and place all affidavits on its website.   Not doing so will deprive the voters of the critical decision-making information.   They would also be denied of their fundamental right to information as guaranteed by Article 19A of the Constitution of Pakistan.
  2. Inadequate scrutiny of the information provided in affidavits. The ECP has traditionally left the task of objections in the information to rival contestants.  While all voters should be able to identify and point out  errors in data provided, it ought to be the ECP’s primary responsibility to scrutinize the information, verify for correctness and take action to disqualify where a false statement has been made.  Despite citizens’ past insistence on ECP to undertake this task, the ECP has failed to create its own verification processes.

 

  1. Prayer: I appeal to Your Honor that:

 

  1. The ECP be asked to place a scanned copy of all affidavits submitted by contestants on its website. This could be easily done without any impact on the election schedule.
  2. The ECP be asked and held responsible to itself scrutinize (or create a capacity to do so if currently not available), the information provided by contestants in their affidavits. This can be easily achieved if the ECP was to create electronic linkages with all concerned organisations such as FBR, NADRA, Passport and Immigration, State Bank, Utility Companies etc.  These organizations could in turn immediately verify the relevant information that concerns their respective departments.