The Election Commission of Pakistan (ECP) on Friday ordered the Khyber Pakhtunkhwa government to “withdraw” the detention orders issued against two independent candidates contesting in the upcoming tribal elections. Both of them were arrested earlier this month.
In a notification issued on Friday, the ECP said that the arrests, which were made after the election schedule was announced, were “tantamount to pre-poll rigging”, and ordered the deputy commissioner of South Waziristan to release them within a day.
Muhammad Arif Wazir, who is contesting from PK-113, South Waziristan-1, and Muhammad Iqbal Masood, a candidate from PK-114, South Waziristan-1, were arrested under Section 3 of the Maintenance of Public Order (power to arrest and detain suspected persons). The ECP took notice of their arrest on Thursday and had summoned the KP home and tribal affairs secretary on Friday.
The secretary did not appear and the ECP was told that “he had gone to northern areas and was not available at Peshawar (sic)”. The ECP then ordered the additional home secretary of KP to “convey [the ECP’s] order to the deputy commissioner immediately” for compliance.
Neither of the candidates has been released so far. The elections for tribal areas are scheduled to take place on July 20. “It is said that they have been delivering speeches and raising slogans against the security of Pakistan and also that [an] FIR (first information report) has been registered. If this is [the] case then the act attributed is an offence and they are liable to be arrested”… at the time of registration of the FIR [which was not done]. “They are arrested now after the issuance of election schedule and during election campaign. It is a clear indication of helping the remaining candidates in the constituency and also is tantamount to pre-poll rigging,” the notification said.
The notification pointed out that under the provisions of the Elections Act, 2017, only the district monitoring officer was authorised to take action against candidates “after the date of poll and during election”.
“In order to ensure free, fair and transparent election under […] the constitution, it is hereby directed that the above said orders passed under Section 3 MPO shall be withdrawn within one day and till the close of polling day qua Muhammad Arif Wazir, s/o Saari Ullah Jan and Muhammad Iqbal Masud s/o, Maweez Khan.” Section 3 of Article 218 of the constitution says, “It shall be the duty of the Election Commission [omitted] to organise and conduct the election and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law, and that corrupt practices are guarded against.”
