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Updated 31 Oct, 2023 11:27pm

Legal expert Shah Khawar thinks ECP will give election date tomorrow

Legal expert Shah Khawar has said that the Election Commission of Pakistan would give the election date on Wednesday (tomorrow) as the country’s top electoral authority cannot go beyond the law.

“I think the ECP will announce the election schedule tomorrow as they cannot go beyond Constitution or law,” he said in an interview with Asma Shirazi on her show Faisla Aap Ka which was aired on Aaj News on Tuesday. “I think it is better that the ECP gives a date tomorrow.”

He was asked about the election delay case which was adjourned till November 2 by the Supreme Court after issuing notice to the ECP and the federal government. The petitions call for general elections in the country to be held within the constitutionally mandated 90 days.

While hearing the case on October 23, Chief Justice Qazi Faez Isa remarked that the case would have been decided if fixed on time.

In recent times, the PPP has time after time demanded that the polls overseer should announce the election date to end the “uncertainty”. Last month, the ECP fell short of announcing the poll date by saying that elections would be held in the last week of January.

Last week, the electoral authority rejected President Arif Alvi’s statement and denied impressions that general elections could see a further delay in the country.

When asked about the party chairman case against Khan, Khawar was of the view that it could be detrimental for him as a past precedent related to PML-N supremo Nawaz Sharif was present.

But PTI Chairman Imran Khan’s lawyer Shoaib Shaheen, who was also on the show, did not agree with Khawar and said that a decision was announced against Nawaz pertaining to Article 62(1)(f) of the Constitution.

Later, in consequence, of that the Supreme Court barred the former prime minister from holding public office, he said and added that Khan’s case was different and the Islamabad High Court has suspended the three-year jail sentence.

While speaking about the Supreme Court Bar Association elections, both legal experts agreed that bar elections were held on a non-political basis.

In response to a query, PML-N leader Tariq Fazal Chaudhry gave a metaphoric response and said: “It was a season of migration when Siberian birds arrive in Pakistan and some birds change their places.”

He was apparently talking about the political developments where people change their party affiliations.

Chaudhry called for a continuation in the political structure of the country.

“Elections are more important than people. Every party should get a level playing field and equal opportunity. Imran Khan should also get relief,” he said.

On the show, Shaheen said that there were media reports that the cipher that reportedly went missing from Imran’s possession was sent by the cabinet secretary to the Foreign Office in a sealed envelope.

The PTI alleges that the document contained a threat from the United States to oust Imran from office.

But Khawar, who is also the Federal Investigation Agency prosecutor, was oblivious to such reports.

He stated that according to the standard operating procedure, the cipher was returned to the FO in a sealed envelope where the Cipher Department destroyed it.

Khawar went on to add that a foreign secretary decides on the importance of the cipher when it arrives as to how many copies should be made. He added that the receiver returns that after reviewing, however, no time limit was mentioned.

Only the prime minister, his principal secretary, and an additional foreign secretary could see the diplomatic document, he added.

Shaheen stressed that the principal secretary was responsible for the document. “If from someone’s office, any clerk sidelined any document so will the head of the department be responsible,” he asked while highlighting the role of the premier’s principal secretary.

But PML-N’s Chaudhry refused that there was any conspiracy hatched to oust Khan.

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