Justice Ata-ur-Rehman has appended supplementary notes to the bail decision in the Safdar case, shedding light on the involvement of key political figures. In his notes, Justice Ata-ur-Rehman states that the founders of Pakistan Tehreek-e-Insaf (PTI) and Shah Mahmood Qureshi are potential candidates expressing interest in the upcoming general elections scheduled for February 8.
Addressing a crucial question in his notes, Justice Ata-ur-Rehman deliberates on whether it is necessary to detain the founders of PTI and Shah Mahmood Qureshi before the elections. Drawing on the historical context of the past seven decades of elections, he underscores the significance of considering individuals who hold pivotal roles in major political parties.
Justice Ata-ur-Rehman emphasizes the need for equal opportunities for all candidates in the upcoming elections to ensure genuine democratic practices. He argues that the foundation for granting bail should be based on the merit of individual cases rather than a blanket approach, especially considering the political stature of these figures.
In further elaboration, Justice Ata-ur-Rehman notes that since the inception of the country, the democratic process has faced challenges, and certain political theories have taken precedence. He points out the political vendettas and removal of all prime ministers before their terms, placing them under house arrest. He highlights the need to avoid subjecting elected representatives to political vengeance, emphasizing the importance of preserving the democratic norms.
Referencing the 2018 general elections, Justice Ata-ur-Rehman cites instances where a prime minister was disqualified, another faced capital punishment without a proper funeral, and the country witnessed a forced political era under military rule. He cautions against using elected representatives as pawns in political conflicts, urging for a departure from such historical practices.
Justice Ata-ur-Rehman recommends reinforcing the Election Commission’s role in ensuring equal opportunities for all political parties, discouraging the tradition of singling out a particular party or its leaders during the election season. He contends that the ongoing Safdar trial does not necessitate keeping the applicants in jail, especially considering the nature of the charges. He concludes by emphasizing the importance of granting bail to applicants to facilitate the exercise of the public’s right to vote in genuine elections.
