Barrister Ali Zafar imp arguments in SC

Transcript

00:00 Your Lordship, the 32 questions were also answered with writing by us.

00:07 And then the Election Commission of Pakistan passed this order dated 22nd 12th 2023,

00:18 in which two things happened.

00:22 Number one, the election, intra-party election was declared void. It was set aside by ECP.

00:34 And then on this basis, the ECP went on to do a second thing,

00:40 which is that it ordered that the symbol will not be given to PTI.

00:55 Now, Your Lordship, this order 22nd 12th 2023 has been read before this Honourable Court.

01:05 But I'd like to summarize what I think is the reading of that.

01:11 Number one, the impugned order has decided that the intra-party election was held.

01:21 This is important.

01:23 It was held on 2nd of October 2023. December, sorry, I keep saying October. December 2023.

01:37 So, it was held, they say. They're not denying it was not held.

01:43 Number two, they have not doubt anything in the manner and conduct of the election itself.

02:02 No irregularity or defect per se in the manner and conduct of that election has been pointed out.

02:14 Number three, they have accepted that Form 65 and all the documents as required by Section 209 have been duly provided.

02:39 These three things are important for my arguments.

02:42 IP was held, they have not pointed out anything.

02:46 So, I don't need to go into many aspects of the election itself and no documentary dispute.

02:56 But what they have done, Your Lordship, is given a very circular reasoning,

03:05 which I call a circular reasoning fallacy.

03:13 A circular reasoning fallacy, which is actually an absurd reasoning.

03:20 They have said that your intra-party election is okay,

03:26 but the General Secretary who appointed the Chief Federal Commission,

03:38 that is the person who conducted the election, was not properly appointed.

03:46 And because the Federal Commission was not properly appointed,

03:53 therefore, the intra-party election is irregular.

04:02 And because it is irregular, we do not accept this election.

04:12 And because we do not accept the election, we will not give you the simple.

04:18 Huge jump, Your Lordship, huge jump.

04:29 Taking away the symbol because of an irregularity in the appointment of a General Secretary who appointed a Federal Commission.

04:40 If I may interrupt you, yesterday Mr. Maqdoom Ali Khan was arguing on the technical aspect, Secretary General and all that.

04:50 And I may repeat for your benefit, that the more fundamental question is whether there is democracy in the party,

05:03 which can only be reflected by an election, valid elections being held within the party.

05:09 And if that is so, then everything follows.

05:14 Then you get the symbol, whatever the requirements are.

05:19 And if that is not, then you run into trouble.

05:23 So, that is at least, if I speak for myself, my focus will be, if you're talking about democracy,

05:36 then there must be democracy within political parties as well.

05:40 So, the whole conduct of the elections, not the fine aspects of the elections here.