The lawyer questioned why similar actions by other officials had not resulted in notifications.
Khyber-Pakhtunkhwa Chief Minister Sohail Afridi. SCREEN CAPTURE
ISLAMABAD:
A hearing at the Election Commission of Pakistan (ECP) on Tuesday saw heated exchanges as lawyers representing Khyber-Pakhtunkhwa (KP) Chief Minister Sohail Afridi challenged the commission’s jurisdiction in a case accusing him of intimidating poll workers during the Haripur by-election.
A five-member bench headed by Chief Election Commissioner (CEC) Sikandar Sultan Raja heard petitions alleging violations of the electoral code of conduct by Afridi, with his lawyer insisting that the commission must first determine whether he had the authority to proceed.
Afridi’s lawyer Ali Bukhari argued that the ECP could not entertain the matter because the District Monitoring Officer (DMO) had already issued a notice in the constituency, creating what he claimed was an overlap of jurisdiction.
However, Sajeel Swati, lawyer for petitioner Babar Nawaz, responded that Afridi had “clearly threatened election staff” and said the allegations demanded scrutiny at the commission level. He urged the court to continue hearing the case and described Afridi’s conduct as a direct attempt to interfere in the electoral process.
The prosecution stems from allegations that Afridi made threatening comments during a public rally in Abbottabad, where he allegedly warned officials of consequences if misconduct occurred on election day.
The ECP has previously maintained that such statements put the safety of election staff, police and voters at risk, and potentially breached the code of conduct that prohibits public officials from influencing elections.
The ECP special secretary stressed that Article 218(3) clearly outlines the constitutional powers of the commission, adding that any action against the KP chief minister would be taken strictly in accordance with the law.
Bukhari questioned why similar actions by other officials had not led to notices, pointing out that the Punjab chief minister had recently announced major development projects in Hasan Abdal during the run-up to the elections.
The CEC responded that the commission would act “without discrimination” and said that even the prime minister would have been notified if he had made a similar speech before the election. The court ordered Bukhari to file a written response at the next hearing, said an order on maintainability would follow, exempted Afridi from personal appearances and adjourned the proceedings until December 4. At the beginning of the hearing, Bukhari and the KP attorney general complained that lawyers were mistreated in the ECP, prompting the CEC to apologize and ensure that action was taken against the responsible officials.
The case stems from complaints filed by by-election candidate Babar Nawaz, who accuses Afridi of using his position to pressure the administration. Their petition maintains that the ECP is obliged to take action against any public official who attempts to influence an electoral contest.
