ISLAMABAD: Two top lawyers bodies in Pakistan, the Pakistan Bar Council (PBC) and Supreme Court Bar Association (SCBA), on Monday expressed distrust in the Chief Election Commissioner (CEC) and his ability to ensure that general elections, due on Feb. 8, would be free and fair.
The Election Commission of Pakistan (ECP) on Friday issued the schedule for general elections on Feb. 8 after instructions from the Supreme Court following weeks of widespread speculation that polls could be delayed.
As the date for elections nears, concerns have grown against the current leadership of the ECP, which is hearing a number of cases against former Prime Minister Imran Khan — arguably the nation’s most popular politician — and in August convicted him in a graft case, sending him to prison for three years and effectively disqualifying him for the upcoming polls.
A caretaker government under interim Prime Minister Anwaar-ul-Haq Kakar is running the country until the national election is held. Independent analysts and political parties have openly questioned whether Kakar’s administration, which is believed to be close to the all-powerful army, can ensure fair competition in elections. Kakar’s party was an ally in the outgoing anti-Khan coalition government and he took over from Shehbaz Sharif who comes from Khan’s biggest rival party, the Pakistan Muslim League-Nawaz (PML-N), which, with the alliance of nearly a dozen parties, removed Khan from power in a parliamentary vote of no-confidence in 2022.
As it stands, questions surround the legitimacy of the election, whenever it is held, if Khan cannot contest.
In a statement released on Tuesday, the SCBA expressed “deep concerns regarding the mounting discrepancies in election procedures, delimitations and seat allocations” that had raised “serious questions about the transparency of elections under the incumbent Chief Election Commissioner (CEC),” Sikander Sultan Raja.
While emphasizing that elections needed to be held on time on Feb. 8, the SCBA said polls would not be considered fair or transparent without a “level playing field and equal opportunities to all stakeholders,” in what was a veiled reference to Khan and his Pakistan Tehreek-e-Insaf (PTI) party, which has openly complained of a widening crackdown against party members and campaigning activities.
“Mere adherence to election timelines without addressing grievances may undermine stability rather than contribute to it,” the SCBA said. “Therefore, it is imperative to address these issues effectively to safeguard both the democratic process and national resources.”
For elections to be free, fair and transparent and offer fair competition to all political parties and candidates, “the present Chief Election Commissioner should go home as under him, free, fair and impartial elections with equal opportunity for all, are not possible,” the SCBA demanded.
In a separate statement, the PBC, another top lawyers’ body, emphasized that all political parties and independent candidates be provided “a level playing field and equal opportunities, ensuring transparency and fairness in the electoral process.”
While expressing concerns over the conduct of the CEC regarding election procedures, delimitations, and seat allocations, the PBC “highlighted the growing perception that in the presence of the incumbent CECP, elections cannot be conducted freely and transparently.”
The PCB said it would soon convene an all Pakistan Representative convention to formulate and announce a line of action and date for a lawyers’ movement in consultation with the SCBA.
“The aim is to ensure the cause of free, fair, and transparent general elections which is not possible in the presence of the incumbent Chief Election Commissioner of Pakistan, as it seems, he has different codes for every political party or individual,” the PBC statement said.
In a short statement, the ECP said it would not “bow to any pressure or blackmailing.”
