FOREWORD
Pakistan Muslim League (N) has constituted the Central Election Monitoring Cell, ('CEMC') of the Party in Lahore under the Chairmanship of Senator Mohammad Ishaq Dar. The Legal and Anti Rigging Wing of the CEMC has compiled 'Election 2008: Pre-Poll Rigging Fact Sheet; 'Corrupt and Illegal Practices- A new Paradigm of Blatant Violations', ('Fact Sheet') with a view to provide an overview of the prevailing pre-poll rigging environment launched in the country by outgoing and current caretaker Federal and Provincial governments. The Pre-Poll Rigging Fact Sheet is based on first hand experience of the candidates, documentary evidence and reported rigging incidences, containing violations of the Election Laws and the Code of Conduct which are regularly experienced and reported on a daily basis.
The foundation stone for the master pre-poll rigging plan for General Election 2008 was laid down on March 9, 2007 with the removal of Chief Justice of Pakistan and subsequent promulgation of Martial Law on November 3, 2007 through which the superior judiciary was illegally and unconstitutionally deposed.
A sample of the violations, all of which are substantiated by comprehensive evidence, is presented in this Fact Sheet. It verifies that pre-poll rigging has already been in progress for some considerable time; it has been meticulously planned and carefully implemented with the collusion of the state machinery and has been validated by a restrained and not so impartial Election Commission of Pakistan.
This Pre-Poll Rigging Fact Sheet read in conjunction with reports from National and International independent bodies clearly indicates that the pre-poll process of the General Elections 2008 is neither free, fair, transparent nor impartial.
This Fact Sheet is being made available on the Pakistan Muslim League (N) website: www.pmln.org.pk.
Muhammad Nawaz Sharif
February 11, 2008 Quaid, Pakistan Muslim League (N)
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Table of Contents
2.1. Unconstitutional Rejection of Party Leadership Nomination Papers
2.2. Ghost Voters and Bogus/Duplicate Entries
2.3. Issuance of Postal Ballots on bogus applications/verifications:
2.4. Fake Old and Computerised National Identity Cards:
2.5. Illegal Re-employment of retired/contract civil servants2.5.1 PML (Q) Election Cell headed by people in Service of Pakistan
2.6. Election Campaign with Government Exchequer
2.7. Illegal Use of Government Exchequer by Ch. Pervaiz Elahi
2.8. Overriding the bar of Rs.1.5 million set on election campaign budget
2.9. Government Departments Directly Involved with PML(Q)
2.10. Government Patronage- Immediate Suspension of Local Governments2.10.1 Nazims acting as agents of the previous Government2.10.2 Relatives of Nazims contesting election2.10.3 Nazims supporting friends and family by using state machinery.
2.11. Damage to property, political banners of PML(N) by PML(Q) workers
2.12. Ruthless Use of Police Force and Administration
2.13. Illegal Transfers/Postings and Extensions of Contracts2.13.1 Illegal Transfers - Posting2.13.2 Recruitment of additional police personnel on contract
2.14. Pre-Poll rigging in Lahore by Son of the Ex-Chief Minister
2.15. Vote Count in presence of candidate or his polling agent
2.16. Presiding Officers to provide filled, signed and attested copies of Forms XIV & XV
2.17. FORM XV- A blatant omission from Presiding Officer’s Handbook
2.18. Discriminatory Sample Ballot Paper
2.20. Dissemination of false and malicious information for character assassination of Quaid PML(N)
2.21. PML(Q) Party Plans to Disrupt Voting and Violate Ballot Boxes2.21.1 Reports of Poll Rigging at the Polling stations2.21.2 Changing ballot boxes or stuffing bogus votes after power outage.2.21.3 Changing Ballot Boxes during shifting2.21.4 Stuffing of Bogus Votes2.21.5 Police constables stamping ballot papers under the garb of guiding illiterate voters.2.21.6 Creating Law and Order situation on the Polling day2.21.7 Balochistan- a volatile state of affairs in the wake of elections
2.22. Open and transparent Government
2.23. Freeze all developmental schemes until the Elections
2.24. Voters List in Electronic Form-still not available
2.25. Using Mosque and religious places for canvassing
2.26. Former Ministers still using Protocol
2.27. Care Taker Ministers- Contesting candidate
2.28. The EC should appoint enquiry officers to address complaints.
4. APPENDICES………………………………........……………….63
The Constitution of Pakistan, 1973 (the ‘Constitution’) requires in its Preamble that the State shall exercise its authority through the chosen representatives of the people. To ensure this, a powerful and dynamic role is visualized for the Chief Election Commissioner of Pakistan (‘CEC’) under Part-VIII of the Constitution, as a designated functionary entrusted with the sacred duty of correctly recording the electoral mandate of the People of Pakistan. The CEC has been entrusted with the duty to organize and conduct elections in a manner that ensures they are held honestly, justly and fairly and are not tainted with corrupt practices.
Article 218[1] mandates the Election Commission to ensure the holding of honest, just, fair and impartial elections and to guard against corrupt practices during such conduct of elections. Needless to emphasise that subversion of the electoral process is practically and substantially the subversion of the Constitution and is declared as an offence of high treason punishable under Article 6 of the Constitution.[2]
Unfortunately, as stated earlier, the outgoing and current caretaker Federal and Provincial Governments have embarked on a course of unprecedented corrupt and illegal practices so as to foist electoral results of their choice on the people of Pakistan.
Our apprehensions and findings as contained in this Fact Sheet are further supported by published results of surveys conducted on pre-poll rigging by independent national and international organizations. The Score Card on Pre-Poll Fairness prepared by the Citizen Group on Electoral Process (‘CGEP’) indicates a score as low as 17 on a scale of 100 accredited to the Effectiveness/Credibility of the Election Commission of Pakistan as opposed to the desired score of 98.[3] This marks a nadir in the history of Pakistan.
The CEGP report concludes that:
“A careful assessment of the entire period of the Pre-Poll election process leaves no doubt that the process had been highly unfair. The prospects for the fairness of remaining phases of the electoral process appear to be very slim. In fact, after such a thoroughly unfair pre-poll process, the need for any manipulation in the polling-day process and post-election process should be drastically reduced…in case the popularity of the former ruling parties takes a hit in the remaining days..., the compulsions for manipulation and rigging of the remaining phases of election will increase and one may witness desperate acts to get the desired election results.”[4]
The above conclusion from a non partisan body that the pre-electoral process leading up to the General Elections 2008 is “highly unfair” and that “manipulation and rigging will increase”, supports and supplements our already manifested deep concerns repeatedly highlighted for the attention of all, but to no avail.
Yet another international organisation, The National Democratic Institute for International Affairs (‘NDI’), USA, has identified in its report “a host of very serious and basic issues that, if not addressed, would adversely affect the election. “Virtually nothing has been done since our first report to strengthen the prospects for free and fair election.”[5]
The International Republican Institute (‘IRI’), USA, has concluded that “it is difficult to envision credible elections as possible without the full reversal of those actions imposed by the state of emergency.”[6]
Every citizen of Pakistan is aspiring for a fair translation of the “will of the people”, as defined in the ‘Universal Declaration of Human Rights’ into forming the basis of authority of the upcoming government, instead of crushing that “will” through coercion and oppression.[7]
Without prejudice to our reservations, we wish to take this opportunity to draw attention to the extensive pre-poll rigging malpractices that are being vehemently conducted, at the high and unquantifiable cost of the rights and civil liberties of the innocent masses of Pakistan. Sadly enough, our findings are also supported by the results of surveys conducted by independent organisations that paint a bleak picture of the Overall Fairness of the Pre-Poll Environment and deliver a score of just 26 on a scale of 100.[8]
It is precisely in this context that the Central Election Monitoring Cell (‘CEMC’) has compiled this Election 2008: Pre-Poll Rigging Fact Sheet (‘Fact Sheet’) to highlight serious concerns related to widespread and institutionalised corrupt and illegal practices manifested by the outgoing and current caretaker Federal and Provincial Governments, establishing a new paradigm of blatant violations pertaining to pre-poll rigging in the forthcoming elections.
Needless to say, the implications of such corrupt and illegal practices are serious and manifold. Their serious repercussions will relentlessly impact not only our current generation but also our future generations. We continue to observe, on a daily basis, massive corrupt and illegal practices with considerable distress and dismay. These practices include but are not limited to those compiled in this Pre-Poll Rigging Fact Sheet.
There is no need to go into lengthy rhetoric to demonstrate that these indeed are critical and defining moments for the entire nation in view of the domestic and international challenges which Pakistan is currently confronting. Thus a free, fair and transparent upcoming General Election 2008 is a corner stone in deciding the future direction of the country.
The credibility of the Election commission is in serious doubt. One of the most blatant manifestations of this has been the ousting of the leadership of Pakistan Muslim League (N) from taking part in elections, which is a fundamental and inviolable right.
The Election Commission unjustifiably twice refused to interfere and thus desisted from performing its constitutional obligation to set aside the arbitrary orders of handpicked Returning Officers when they rejected nomination papers of Mian Nawaz Sharif and Mian Shahbaz Sharif.
The rejection of the nomination papers of Mian Nawaz Sharif and Mian Shahbaz Sharif is a travesty, not only of justice but of common sense and tantamount to insulting the intelligence of the entire nation.
This factor alone is the most concrete and naked proof of pre-election rigging planned by the Government with tacit understanding with the Election Commission that the latter shall sweep away this issue under the carpet. Even for a layman it is difficult to comprehend how the nomination papers of Mian Nawaz Sharif could possibly be rejected in the 2007 election when his nomination papers had been accepted in 2002.
Equally sinister is the excuse for rejection of the nomination papers of Mian Shahbaz Sharif. His forced absence from the country has been seen as an act of abscondance by the Retuning Officer and countenanced by the CEC who was perhaps the only person in the whole world who did not seem to know that the unlawful banishment was inflicted on him but also his return to the country was obstructed and that he was deported against his will. Thus, Mian Shahbaz Sharif, though guiltless, was twice wronged and thrice punished. Why is the CEC so impervious to reason? Can our compatriots be expected, in the face of all this, to regard the entire machinery of government, including CEC, to be so uninterested. Their credibility having sunk through the floor, how shall the power wielders convince the nation that they held fair elections; and if not convinced, how would the country react?
Further, the maliciously framed hypothesis and false allegations made against Mian Shahbaz Sharif regarding him being an alleged ‘absconder’, has been factually belied by the Lahore High Court on December 19, 2007. The Division Bench said that Mian Shahbaz Sharif could not be considered a ‘proclaimed offender’ because he did not avoid appearing in the court in the Sabzazar case. The Bench said that he could only be declared fugitive if proceedings under Section 87 and 88 had been duly completed against him or if he deliberately avoided appearing in court: ‘None of this happened as far as Shahbaz is considered’, maintained the Hon’ble High Court. The evidence is attached as Appendix 1
It is also in stark violation of the dictates of law in terms of Article 63 of the Constitution, Section 99 of the Representation of People Act, 1976 and all other laws for the time being in force.
Constitutional Jurisdiction of the Election Commission was invoked twice. Firstly, on December 7th 2007, submitting in detail the reasons for not filing appeals in terms of Section 14(5) of the Representation of People Act 1976, and approaching the Constitutional forum which stood on a higher pedestal than the Appellate Tribunals (manned by Judges of the High Courts under a Provisional Constitution Order (‘PCO’)) in view of the settled law of the Supreme Court. The response of the above petitions was received on December 11, 2007, wherein the Election Commissioner communicated that it had no jurisdiction.
Secondly, on December 12, 2008, when review petitions were submitted for the recall of the Election Commission order dated December 7, 2007 on the grounds that the Election Commission alone had the constitutional jurisdiction. The observation of the Election Commission with regard to lack of jurisdiction was repudiated vehemently relying upon the consistent case law settled by Supreme Court.
The CEC referred the case to other members. After hearing submissions to the effect that only the Election Commission had the requisite jurisdiction, the Election Commission vide its order dated December 17, 2007, rejected the review petitions. It was observed that the Election Commission would not like to interfere in these representations as that would amount to discrimination in these two cases when the Election Commission had not interfered in any other case. It is interesting to note that no other party had approached and invoked the constitutional jurisdiction of the CEC for similar relief so there was no question of discrimination.
Pakistan Muslim League (N) leadership had not approached the appellate tribunals as they were improperly constituted with prior approval of the General(R) Musharaff and comprised of Judges who had taken oath under PCO.
By refusing to set aside the manifest, unjust and devoid of jurisdiction orders of the Returning officers, the Election Commission established beyond any shadow of doubt that it was not capable of holding honest, just and fair elections in accordance with law and the Constitution. It also laid down a Carte blanche policy of non interference with whatever the Administration might do.
The CEC is a constitutional appointment for a term of three years and enjoys security of tenure at par with that of members of Superior Judiciary[9]. This alone should have been a guarantee for neutrality and independence but the recent assault on the judiciary and unconstitutional removal of judges are strong indicators of threats to security of tenure enjoyed by other constitutional offices. The CEC decision in upholding the rejection of nomination papers of Mian Nawaz Sharif and Mian Shahbaz Sharif goes a long way in signalling that the shadow of being removed unceremoniously like members of the judiciary now looms large on other constitutionally protected offices as well.
It is unfortunate that the CEC was appointed in the sole discretion of the President without any manifest or meaningful consultation and consensus with opposition parties. It is also the fact that the two vacancies in the 4-member Election Commission were kept vacant at a critical time in the electoral history of Pakistan, during which the Election Commission took the most important decisions relating to the Presidential Election and the forthcoming General Election 2008. An aggravating reality is that even some officials in the Election Commission Secretariat were given arbitrary extensions in service beyond their due date of retirement. What else does one need to demonstrate when establishing the entire constitution of the pre-poll rigging plan manifested by the outgoing and current caretaker Federal and Provincial Governments.[10]
The authenticity of Electoral Roll is a vital pre-condition for the fairness of polls. The facts however, concerning ghost voters and bogus/duplicate entries cast substantial doubts on the electoral rolls.
Constitutional Petitions No. 45 and 57 of 2007 were instituted on behalf of Pakistan Peoples Party (Parliamentarians) and Pakistan Muslim League (N) for addition of voters who had attained the age of 18 years and whose names were not included in the Electoral List. The Supreme Court (‘SC’) passed various orders in this behalf dated 26-07-2007, 10-08-2007, 16-08-2007 and 04-10-2007.
On a review of the matter in detail, it transpires that an additional 27 million voters have been entered in the Electoral Roll without following the due process laid down in the SC order dated 10.8.07 and these entries therefore, pose a major challenge in the fairness of the forthcoming Elections 2008.
The Supreme Court order dated 16.8.07 (attached herewith as Appendix 2.1) clearly states that when updating the Electoral List, Election Commission shall take steps to ensure that duplicates are removed and genuineness of the remaining votes is checked. Para 2 require that:
(a) The Election Commission would minus the already recorded votes from the list previously prepared for election of 2002.
(b) Thereafter, the genuineness of the remaining approx 2 crore votes was to be checked by sending forms through post offices or any other means to those whose names have not been recorded.
(c) The staff was to be increased by two to three folds and complete the exercise within 30 days.
(d) Election Commission will have to remove duplicate/multiple entries in the electoral list.
(e) This also demonstrates that the election commission must already be in possession of software for detecting multiple entries.
In view of the available evidence of bogus/duplicate entries in the official Electoral Roll, it is evident that the Supreme Court order dated 10.8.07 has not been complied with in letter and spirit by the Election Commission/The CEC. Instead, loop holes have been left which create confusion, potentially give rise to law and order situation, and pave the way for rigging under government patronage.
The Electoral Rolls Act, 1974, Section 25 also mandates that: “…No person shall be enrolled more than once in more than one electoral area.” (Proof of bogus entry is attached as Appendix 2.2).
If left un-addressed, these bogus/duplicate entries could result in opening the flood gates for ‘ghost voters’ appearing on polling day at both official and ‘ghost’ polling stations. Therefore, we need to deter, detect, raise and record the current volatile state of affairs that such bogus/duplicate entries of voters could potentially cause. The CEC was called upon to explore all avenues to ensure timely removal of multiple and bogus entries from the official Electoral Roll and to take immediate remedial actions as below:
1. Ensure removal of bogus/duplicate entries in the Electoral Roll.
2. When the Electoral Roll is modified and bogus/duplicate entries are removed, accordingly direct the Returning Officers to make suitable amendments in the Election Scheme to reflect the same;
3. Allow only new Computerized National Identity Cards (‘CNICs’) to be accepted as proof of identity at the time of voting and disallow old National Identity Cards (‘NICs’). Importantly because the old NICs are no longer legal tender, have become redundant and are capable of being artificially manufactured. The Presiding Officer in presence of the candidate etc may take a substitute identity such as a passport, driving license or any similar proof.
Legend of Votes:
|
|
No. Reg. Voters |
Diff (1)&(2) |
Diff (1)&(3) |
Diff (2)&(3) |
|
(1) Electoral Roll for 2002 |
71,860,000 |
19,757,572 |
|
|
|
(2) 1st Electoral Roll from EC for 2007 |
52,102,428 |
|
9,051,048 |
|
|
(3) Final Electoral Roll from EC for 2007 |
80,911,048 |
|
|
28,808,620 |
An abnormal number of postal ballot applications have been received by the Returning Officers in the name of electors to exercise their franchise right within the meaning of Section 29 of the Representation of the People Act, 1976.[11] It has been reported in the Daily Jang, January 30, 2008 that the Election Commission of Pakistan has issued over 24,000 Postal Papers in Punjab (attached as Appendix 3.1). It has also been reported in the Daily News of February 2, 2008 that the Election Commission has reportedly printed 1.8 million postal ballots this year as against just above 300,000 Postal ballots published in the 2002 Elections (attached as Appendix 3.1).
Pakistan Muslim League (N), Central Election Monitoring Cell (‘CEMC’) raised its concern with the Election Commission on December 26, 2007, regarding reports of issuance of massive numbers of postal ballot papers to influence the election result in favour of the PML(Q) party. The CEC promised to issue a directive to the four Provincial Election Commissioners and requisition details of the issued Postal Ballots by each Returning Officer in his respective domain. Pakistan Muslim League (N) was promised that a detailed account of the applications and the postal ballots issued would be provided to them.
At that time, the Secretary of the Election Commission, K.M. Dilshad disclosed to sources of Pakistan Muslim League (N) that the total number of applications received throughout Pakistan for issuance of Postal Ballots were below 72,000 of which considerably less than half were issued in Punjab. Mr. K.M. Dilshad had promised to provide constituency wide details in writing by January 31, 2008. Unfortunately, the promised details have not been supplied to date. The Election Commission is under a constitutional mandate to guard against corrupt practices and hold honest, just, fair and impartial elections seen to be above suspicion and beyond reproach. If the Election Commission does not provide the latest official position of the Postal Ballots applied for and actually issued then the complicity of the Election Commission with the outgoing and current government shall have to be presumed.
The process for Postal Ballots is delineated in Section 12 of the Representation of the People Act (Conduct of Election) Rules, 1977.[12] Serious flaws have been noted with regards to the cut off date for receipt of Postal applications and their disposal thereof.
According to the official sources some 1084 postal ballots have been issued to date in PP 152, the Constituency from where the son of Ex. Chief Minister, Monis Elahi, is contesting the election. The number of postal ballot papers issued for PP 152 is abnormally high compared to other constituencies and this is illustrated in Appendix 3.2.
Similarly, an unreasonable number of issued postal ballots have been observed in PP 107 and NA 103. On 27.01.08, under the supervision of the caretaker government and PML(Q) party leadership, a huge poll rigging exercise was conducted and teachers were forced to sign applications for around 200 postal ballots papers. This highly condemnable act, carried out way beyond the expiry date by which such applications could be submitted, clearly violates the law and is a clear indication of the malicious intention and the non partisan nature of the caretaker government. The caretaker government is working as a puppet of the PML(Q) party leadership, inter alia in obtaining Postal Ballots to be franchised in favour of PML(Q) candidates. Coercion; which is the order of the day for this caretaker government was obviously used in threatening the teachers to co-operate with the dummy caretaker government and PML(Q) leadership or risk having their salaries withheld or even being sacked. (Evidence is provided in Appendix 3.3).
The issuance of false postal ballots is part of the ‘institutionalisation’ of pre-poll rigging at the hands of the outgoing and current caretaker Federal and Provincial Governments. Their past conduct of pre-poll rigging also speaks volumes of this institutionalised pre-poll rigging. Pakistan Muslim League (N) candidate for PP-154, Chaudhry Asif Ashraf, has stated that at least 4,300 Postal Ballots were issued for NA 127 during Election 2002. The Postal Ballots were part of the former government’s pre-poll rigging plan as these votes were to be cast for PML (Q) candidate Abdul Aleem Khan. Fortunately, this illegal design was defeated when a source brought the matter to light in a timely manner. The postal ballots were successfully challenged on grounds of incomplete or false addresses and national identity card numbers.
Postal ballots are normally issued to prisoners and government employees who cannot use their right to vote on the polling day due to imprisonment or official duty. In the general election 2002, an average of 60 to 70 postal ballots were issued in each National Assembly constituency. In some constituencies, this number appears to have multiplied 50 fold for election 2008.
In many cases Postal Ballots have been attested mechanically in bulk by Executive District Officers (EDOs) (Health), EDOs (Education), Tehsil Municipal Officers (TMOs) and District Heads of other departments. In NA-127 alone, over 1800 Postal Ballot applications are reported to have been received.
The Secretary of the Election Commission, Mr. K.M. Dilshad promised to provide a written constituency wide detail by January 31, 2007, which unfortunately has still not been supplied to date. The Election Commission is therefore requested to immediately publish the latest official position of the Postal Ballots applied for and actually issued. This should hopefully resolve many controversies, failing which the complicity of the Election Commission with the outgoing and current Federal and Provincial Governments shall have to be presumed.
In addition, the Election Commissioner must instruct the Returning Officers:
1. Not to entertain any application made in violation of Section 29 of Representation of People Act, 1976. All Postal ballots must be dealt with in accordance with the strict requirements provided in Rules 12-16 of the Representation of the People (Conduct of Election) Rules, 1977.
2. Strictly scrutinize all mass-attested bulk Postal Ballots. Additionally, the law lays down strict adherence to section 13(3) that the elector shall sign the declaration Form VIII in the presence of a gazetted officer or a commissioned officer to whom he is personally known or to whose satisfaction he has been identified and he shall have his signature attested by such officer.[13]
3. Scrutinise each received returned Ballot Paper against the original application made by the elector.
4. All issued/received postal ballots at the time of counting must be scrutinized in the presence of candidates or their appointed polling agents to determine their genuineness.
5. In view of the circumstance mentioned herein above the candidates must be allowed to inspect the following:
· The detailed list of electors who have made the application for issuance Postal ballots and a copy of the respective applications,
· The detail list of electors to whom Postal ballots have been issued, and
· Inspection of the counterfoils of the issued Postal ballot papers.
To facilitate the casting of bogus/duplicate votes, hundreds of thousands of bogus identity cards (both old and Computerised Identity Cards) reportedly have been and continue to be fabricated for each constituency.
On January 16th 2008, over 3,500 fake computerised identity cards of female voters were recovered from a sack by police in Quetta (press cuttings attached in Appendix 4). At the time of filing of this report, the matter was still under investigation.
Therefore, immediate remedial actions are required to:
3. Unequivocally announce that the Computerized NICs issued by NADRA are the only legal tender and no other ID card can be used for proving identity of the voter. In particular, Election Commission must notify that the old NIC’s have become obsolete and are capable of being manufactured artificially. Hence, only new Computerized Identity Cards should be allowed as proof of identity at the time of voting and old identity cards should not be allowed for verification. The Presiding Officer in presence of the candidate etc may take a substitute identity such as a computerized passport or computerized driving license.
This would help eliminate the misuse of fake Identity Cards for casting of bogus/duplicate votes. For example, elector Saleh Mohammad Siddique bearing CNIC No. 3520221794483 has five registered votes in his name in five different polling stations. Despite our reporting of this glaring discrepancy in the Electoral Roll published in national newspapers, this and similar other multiple entries continue to exist in the official Electoral Roll maintained with the Election Commission. Such duplicate entries can also be verified on the Election Commission website.
Concrete evidence exists whereby it is proved that more than 200 retired officers of Grade 17, 18, 19, 20, retired provincial government employees and reportedly 28 Police Officers (PSP) have been granted re-employment contracts/extensions of service and appointed to key posts without any lawful authority and in absolute violation of existing laws. Such violations are an offence under Sec 9 of the National Accountability Act, 1999, and punishable under Section 10 of the National Accountability Act, 1999.[14]
Reportedly the outgoing Punjab Government re-hired the services of some retired Police Officials on contract in violation of the Federal Government Rules. These include:
· Tahir Anwar Pasha (PSP/BS-21), presently Additional IG, Special Branch; Punjab
· Maj (retd) Mukhtar-ul-Mulk (PSP/BS-20), DIG, Special Branch;
· Pervaiz Rahim Rajput, (PSP/BS-20 retired) given 2-year extension;
· Major (retd) Khawaja Najam Javed, (PSP/BS-19) given 2-year extension;
· Lt-Col (retd) Zaheer-ul-Hassan (BS-19) given 2-year extension;
· Lt-Col (retd) Sohail Zaman appointed as SSP in BS-19;
· Qamar-uz-Zaman appointed SP in BS-18;
· Ghulam Muhammad Kalyar, given 3-year contract as SP investigation in Investigation Branch;
· Syed Aftab Ejaz given one-year contract as
SP in BS-18.
Asghar Saeed Paul, awarded a 2-year contract as SP in BS-18;
· Chaudhary Muhammad Suleman, (related to the Chaudharies of Gujrat) awarded a 3-year contract after retirement against the post of SP headquarters, Rawalpindi, in BS-18. Chaudhary Suleman was DSP in Islamabad Police on deputation from Punjab few years back and has taken fast promotions during the last regime in Punjab.
· Muhammad Zaman belonging to the police service has been re-employed and posted in BS-19 in the TDCP Punjab;
· Shahid Farooq (BS-18) was re-employed on contact for a period of one year in relaxation of the Re-employment Policy;
· Malik Tahir Mehmood (BS-18/retd) was re-employed in the rank of Superintendent of Police for a period of two years;
· Abdul Hameed Khan Niazi (BS-18), Superintendent of Police, Investigation, Sargodha was re-employed for a period of two years in relaxation of Re-employment Policy;
· Rehmatullah Warraich (BS-18), district police officer (DPO) Lodhran was re-employed for a period of two years in relaxation of provision of Re-employment Policy.
A classical transfer showing blatant partiality towards PML(Q) is the appointment of Mr. Hassam ud Din Somroo as Assistant Election Commissioner Jacobabad replacing Mr. Liaqat Ali Khan whose was transferred on December 10, 2007. Not only is this transfer illegal for having being made effective after the Election Schedule was announced but also this appointment of Mr. Somroo is maliciously motivated to support the PML(Q) Somroo family candidates. This shows the blatant partiality that exists within the Election Commission which is supposed to be the fountain head of neutrality.
It may be noted that the Police Service of Pakistan (‘PSP’) is a federally-constituted occupational group regulated by federal laws. The Establishment Code, containing the rules and regulations governing all the occupational groups and services, enlists the authorities competent to make appointments to various posts.
According to the Establishment Code, the prime minister is the authority for
making appointments to posts in scales 20 and above or equivalent. The
Secretary Establishment Division, on the other hand, is competent to make
appointments to posts in scales 17 to 19 or equivalent.
In violation of the above, no approval of the appointing authority was taken by
the Punjab Government for the above mentioned contracts.
The Establishment Code further states that re-employment beyond superannuation
should be an exception and not the rule and requires the approval of the prime
minister. The former Punjab Government, however, conveniently ignored the
above-mentioned instructions and made the above mentioned contractual appointments
before the elections (news report attached in Appendix 5.1).
A strict procedure is laid down in the Punjab Civil Servants Act, 1974 that must be adhered to before re-employment of a civil servant. However, the Ex Chief Minister of the Punjab, and President of Pakistan Muslim League (Q), Ch. Pervaiz Elahi, days before the end of his tenure, abused his position and exercised undue influence on other government servants such as the Chief Secretary, Principal Secretary to the Chief Secretary, Additional Chief Secretary, Secretary Services for granting re-employment contracts, extensions with open ended periods referred to as, ‘till further orders’ etc in total contravention of the Punjab Civil Servants Act, 1974 and rules made there under. Thus, all such SROs were issued with malafide intentions and misuse of official capacity for political gains of the PML(Q) party and its candidates across the country in Elections 2008.
The summaries of the re-employment/extension in service were presented by Principal Secretary to Chief Minister, to Chief Secretary and Secretary Services, for issuances of notifications. One such blatant contravention is the appointment of Brig (Retd) Muhammad Aslam Ghuman, Director General Anti Corruption Establishment, via Notification dated October 10, 2007, whereby his previous extension of 18.09.03, was further extended for an additional three years. The notification will take effect from 1.06.08. (A number of notifications issued from the office of the Chief Secretary are annexed herewith as Appendix 5.2 and the rest will be available on the website).
An election cell headed by bureaucrat Hassan Waseem Afzal and comprising G. M. Sikandar, IGP Ahmed Naseem, Chief Secretary Salman Siddiq and acting DIG Aftab Cheema as members has been set up in the Punjab. All deputy secretaries and additional secretaries are bound to implement the orders of this cell. Additional Secretary Chief Minister House, Punjab, Zahid Rafiq, has been made in charge of Lahore Division election cell. The IGP, Punjab, Ahmed Naseem met Ch Wajahat Hussain at “Nat House” in Gujrat on December 23, 2007 and briefed him on the “performance” of the election cell. This activity has been reported and brought to the public and official attention through the media but to date no action has been taken against those in the service of Pakistan who must be tried and penalized in accordance with Election Laws.[15]
It is a well known fact that current senior officials continue to attend to the former Chief Ministers particularly in Punjab and Sindh. So much so that Chief Secretaries, Inspector General Police, and Director General Intelligence Bureau are actual campaign in-charge of the PML(Q) party exclusively in Punjab, and for both PML(Q) and other alliance parties in Sindh, Baluchistan and NWFP.
It is common knowledge that in Punjab, the Chief Secretary and other senior officers regularly attend meetings at the residence of Ex-Chief Minister. The directives of postings and transfers and allocation of developmental funds are made and communicated through the usual channels prescribed by the Rules of Business. The CS, IGPs and Joint Directors IB receive reports from the DCOs with regard to the position of the official candidates from their respective districts and reports are accordingly submitted to the Ex-Chief Minister Punjab, Ch. Perviaz Elahi for his further orders.
The required orders were passed on numerous occasions and directives issued by Ex-Chief Minister Punjab, Ch. Pervaiz Elahi who has already styled himself as the future prime minister. In view of the above, it is clear that the current caretaker government is merely a cosmetic facade and the real power continues to be exercised by former Chief Minister Punjab, Ch. Perviaz Elahi. This heavily partisan nature of the caretaker government is a glaring example of the lack of fairness and level playing field in the upcoming General Election 2008.
The above mentioned illegal practices of Ch. Pervaiz Elahi amount to Non-Bailable offences under the law which attracts inter alia the severe penalties of the Representation of People Act, 1976.[16]
Circumvention of law and mala fide misuse of office by holders of public office or in government service has severe repercussions. Indulgence in such activities amounts to violation of Section 9 of the National Accountability Ordinance, 1999, Civil Servants Act/Rules etc and attract rigorous penalties as provided in Section 10 of the National Accountability Ordinance, 1999.
In order to reduce chances of poll rigging, the Election commission was called upon to take immediate remedial actions to ensure that:
1. No employees who have been re-employed in contravention of rules should be deputed on election duties.
2. All re-employment/extension contracts made after the announcement of the election schedule are rescinded.
3. All government employees play a neutral role during elections to ensure fair, free, impartial and transparent elections.
4. All such government servants and people in services of Pakistan who are undertaking and allowing corrupt practices in blatant violations of the laws at the time being in force are punished.
5. All existing Returning/Presiding Officers should be re-shuffled, transferred or replaced with judges from subordinate judiciaries who bear un-impeachable track record and are of proven integrity.
6. Appointment of the Returning/Presiding Officers from amongst those having long serving unblemished record should be given this responsibility to ensure free and fair election, in preference to those who were appointed in their position by the outgoing PML(Q) government.
Issuance of Money Orders to the voters amounting to Rs.1500 each, signed by ‘Pervaiz Elahi’ impersonating himself as the Chief Minister, dated 29.11.2007, sent out by General Manager Field, DRMS, 90, Sharah-e-Quaid-e-Azam, Lahore. Government Exchequer cheques amounting to Rs.1500/- per quarter have been issued in this respect under the patronage of ‘Kafalat Scheme’ and distributed across Lahore and reportedly in the whole of Punjab. It is evident that this payment is coming out of the Government Exchequer and being issued by Ch. Pervaiz Elahi, impersonating himself blatantly as the Chief Minister of Punjab. The money orders have been issued for his personal and party projection, and are a clear attempt to directly purchase votes and to adversely induce or compel voter opinion in his favour. The money is purportedly coming from the Zakat/Bait-ul-Maal Fund and is being used for bribing voters at the cost of the needy and poor who should be the real beneficiaries of this money.
This action of Ch. Pervaiz Elahi in collusion with the care taker government, persons in the service of Pakistan and use of state machinery vehemently amounts to Corruption and Corrupt practices, Undue influence, Illegal practice of using governmental patronage and official influence, procuring assistance and support of persons in the service of Pakistan to further and promote his election campaign. Thereby, blatantly violates Sections 78 (2) (Corrupt Practice, impersonation), 81 (1) (e) (Undue Influence) and 83 (b) of The Representation of People Act, 1976[17]. Sections 3, 4, 17 and 21 of the Code of Conduct of the Election Commission of Pakistan[18] and Section 9 (vi) (x) (Corruption and Corrupt Practices) of National Accountability Ordinance, 1999, Section 405 of the Pakistan Penal Code with regard to any property including money or valuable security entrusted on the current caretaker government by members of public at large and attract inter alia the severe penalties of Section 82, (imprisonment extending to three years), 83 (2), 92, and 100 of the Representation of People Act, 1976, (‘RPA, 1976’) as well as Section 10 of the National Accountability Ordinance, 1999 and thereby a blatant violation of the Election Laws. (Evidence is attached as Appendix 6).
Ch. Perviaz Elahi, despite being relieved as Chief Minister Punjab, is signing in his official capacity as actual Chief Minister Punjab when he is clearly no longer holding such an office since November 15, 2007. He is using National Exchequer and government machinery as an actual Chief Minister Punjab. Ch. Pervaiz Elahi with the connivance of the care taker government and the Education Department has distributed more than 10million handbills containing his photo, his signature and his election campaign slogan and the Government of Punjab Logo. These handbills were distributed all over Punjab in government schools for promotion of his election campaign in collaboration with the caretaker government and the Education Department. He is also known to have used Punjab Government storage in this regard with the help of officials of the Education department.
This action of Ch. Pervaiz Elahi in collusion with the caretaker Government, persons in the service of the Education Department and use of state machinery vehemently amounts to Corruption and Corrupt practices, Undue influence, Illegal practice of using governmental patronage and official influence, procuring assistance and support of persons in the service of Pakistan to further and promote his election campaign and a sheer violation of the Election Laws and attract severe penalties mentioned in Section 2.6 above. Evidence is attached as Appendix 7.
The handbill printing cost mentioned in the above section would be well over 1.5 million rupees, thus violating the bar set on the election campaign expense for a National Assembly candidate. Additionally, huge amounts have been paid by former Chief Minister Ch. Perviaz Elahi for his election campaign on press and electronic media. We are all witnesses to long and repeated advertisement epidemic on all channels during his tenure as the Chief Minister which continued even after leaving office. The Election Commission is bound to monitor and take strict cognizance of the over spending above the allowed election expense. Besides, if convicted inter alia under section 49 or 50 of RPA, 1976[19], he can, if the Election Commission makes an order to the effect, be disqualified.
Therefore, the Election Commissioner was called upon to take action on account of: