In a recent development, the Supreme Court of Pakistan has granted permission to the President of Pakistan Tehreek-e-Insaf (PTI), Pervez Elahi, to participate in the upcoming elections. The decision came in response to an appeal filed by Elahi after his nomination papers were rejected by a three-member bench led by Justice Mansoor Ali Shah.
During the hearing, Pervez Elahi’s lawyer, Ehsan Khokhar, emphasized that they do not seek any delays in the electoral process and urged the court to allow his client to contest the elections up to the P-32 Gujrat constituency limit.
The Supreme Court, under the leadership of Justice Mansoor Ali Shah, remarked that participating in elections is a fundamental right, and depriving someone of this basic right results in punishment. The court posed a question regarding how Pervez Elahi gained access to the documents of a 10-marla plot, to which the lawyer clarified that the documentation for the plot was obtained from the land record office (Patwari).
Justice Athar Minallah raised a pertinent question, asking whether Pervez Elahi wants to allege that the caretaker government is involved in this matter. During the proceedings, the court emphasized the importance of facilitating voters in exercising their right to vote and criticized any hindrance created by returning officers. The court found it peculiar that such situations were occurring with the involvement of the same political party, stating that the essence of elections lies in the inclusion of people, not exclusion.
Justice Mansoor Ali Shah referred to Article 17, emphasizing that without substantial reasons, preventing someone from participating in elections is not permissible. The Constitution provides the facility to enfranchise, not disenfranchise. The court, while accepting Pervez Elahi’s appeal, granted him permission to contest the elections, while the PTI President withdrew appeals for two National Assembly seats. This decision showcases the judiciary’s commitment to upholding democratic principles and ensuring fair participation in the electoral process.
