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Insurgency then and now: British India’s rebels and Israel’s Hamas

Videos released by Hamas’s media team towards the end of October and broadcast on Al-Jazeera showed the militant group releasing Israeli hostages captured on October 7. The videos also showed Hamas fighters behaving with unexpected kindness while doing so — they hugged and gave dap handshakes to elderly ladies, cared for puppies, held hands with children, exchanged terms of endearment with their captives in Hebrew, and made sure everyone had bottles of water.

The scenes looked like family farewells, but surreal, with the fighters saying goodbye from behind balaclavas and slinging kalashnikovs. Watching Hamas’s etiquette and decorum, I was reminded of a phrase gleaned from the archives by the historian Durba Ghosh — gentlemanly terrorists.

The words do not normally go together. The amalgam was coined in the context of British rule in India — a juxtaposing of the Bengali bhadrolok, roughly meaning “gentleman,” with “terrorists,” that which the Empire thought many of these gentlemen to be.

The gentlemanly terrorists are not considered terrorists in Bengal. In Bengal, once the cradle of the armed anti-colonial struggle in British India, they are simply biplobi [revolutionaries]. Their names adorn major intersections and railway stations, they are taught in schools as national heroes, and their biographies are the subject of television programmes.

Elsewhere, they are a largely forgotten chapter of the Independence story. It was because of their constant agitation, however, that the British moved the imperial capital from Calcutta to Delhi in 1911 — a move that established a symbolic genealogy with Indian kingship (Delhi having been the Mughal seat of power), but also acquiesced that Bengal had become ungovernable.

In a way, Bengal was Britain’s Gaza.

Khudiram Bose — the boy revolutionary

Khudiram Bose was one of the most prominent of the gentlemanly terrorists. He was 18 years old when, in 1908, he attempted, along with his accomplice, Prafulla Chaki, to assassinate the Chief Presidency Magistrate of Calcutta in his carriage.

The operation was botched, and they instead killed two British women by bombing the wrong carriage. Prafulla took his own life while on the run, and Khudiram was arrested, tried in a show trial, and hung a few months later. Newspaper reports from the era state that he was “cheerful and smiling” both in court while receiving the verdict, and when his executioners drew the cap over his head.

Khudiram’s story does not end there. Alarmed that the assassination attempt was part of a larger insurgency, the British cracked down on other potential ‘terrorists’, including luminaries of the Independence movement like the brothers, Aurobindo and Barin Ghosh. The gentlemen were rounded up in Alipore Jail in Calcutta in 1909 and 36 were convicted. The event became known as the Alipore Bomb Case. The Ghosh brothers were both sentenced to death, although Aurobindo was subsequently acquitted and Barin later managed to escape from prison.

Others who publicly supported Khudiram were arrested for sedition, like Bal Gangadhar Tilak, who was jailed for six years on exactly this charge — a trial in which he was defended, albeit unsuccessfully, by a young Muhammad Ali Jinnah. Khudiram, thus, spooked the British in a way that arguably nobody had since the 1857 mutiny.

Khudiram had a kind of afterlife in the early 1940s. An anonymous Bengali artist illustrated Khudiram’s execution scene in the style of popular calendar art, depicting him childlike and in bright colours, smiling, and with a noose around his neck. The circulation of the image helped close the discursive gap between disparate acts of revolutionary violence across historical time and a cohesive revolutionary ethos that was an important component (among others) of the Independence movement.

It was, in a sense, what in Palestine would be a mulasaq shaheed [martyr poster], in which a political martyr is commemorated via easily reproducible print media.

But one individual who was unimpressed was Mohandas Karamchand Gandhi.

Gandhi denounced the assassination attempt against the magistrate, concurring with the British that revolutionary terrorism would only procrastinate the arrival of self-rule in the subcontinent: “The Indian people will not win their freedom through these methods.”

Gandhi’s steadfast commitment to nonviolence does not require an elaboration, but it does perhaps require a deconstruction. Recent studies of Gandhi have argued that even more than Gandhi’s long-term experimentation with ways to overcome the Empire — and, perhaps, imperialism generally — a more intimate and equally long-term enemy was the Indian armed resistance.

Hind Swaraj, Gandhi’s first major treatise, was published in 1909, during the fallout from the Khudiram event, and was written as a fictional dialogue between a naïve revolutionary and a sage-like Gandhi who imparts the apparent superiority of his nonviolent method.

There are two points to be made here. First, Gandhian nonviolence, based on the Sanskrit theological concept of ahimsa [non-injury] already precludes violence in so much as it is a negative definition that draws its essence from what it is not — there is no nonviolence without violence.

The second point is that although Gandhi trivialised the revolutionaries and, later, actively sabotaged large-scale military efforts to combat British rule, he held the highest esteem for those who had “the courage to die.” Possibly, he saw martyrdom as the logical maximal conclusion for the self-sacrifice and suffering that was the basis of his satyagraha [nonviolent resistance]. Regardless, it is precisely because of his hostility to local armed resistance that Gandhi never enjoyed the same reverence in Bengal that he did in other parts of India. Indeed, in certain circles even in contemporary Bengali society, Gandhi is not the Mahatama.

The Chittagong uprising

Another of the gentlemanly terrorists was Surya Sen, a schoolteacher from Chittagong in what is now Bangladesh. Inspired by the Irish republicans, he masterminded an uprising in 1930 designed to take control of two armouries, cut off communication lines between Chittagong and Calcutta, and take hostages from a colonial bungalow and social club.

Except for the miscalculation of having raided the club on a holiday — Good Friday, when there were no hostages to take — things went mostly as planned. Having taken control of the armouries, the insurrectionists proclaimed the inauguration of a Provisional Revolutionary Government.

The British caught up with them a few days later, and a shoot-out ensued in which 12 of Sen’s insurrectionists and 80 British soldiers were killed. Sen was able to flee and go into hiding, until the manhunt caught up with him after three years.

Legend has it that part of the excruciating torture inflicted on Sen in prison included smashing his teeth with a hammer. When he was hung in 1934, it is said that his tortured body was already practically dead, and that he could barely stand on his feet for his own execution. Perhaps because of the spectacular nature of the Chittagong uprising, Sen’s story is better known than those of the other gentlemanly terrorists. He has been the subject of various cinematic portrayals, including the 2010 film Khelein Hum Jee Jaan Sey, starring Bollywood scion Abhishek Bachchan — one of the biggest box office disasters in Indian cinema history.

Scale aside, the parallels between Sen’s Chittagong armoury raid and Hamas’s uprising on October 7 are striking — both took control of military installations, cut off communication channels, sequestered hostages (or at least tried to), and killed many on the enemy lines. But the parallels do not end there.

In the same way that the hearts of Bengalis burst with pride when recalling our era of armed resistance, so do the hearts of Palestinians in their own revolutionary context. Also, in the same way that the British cited terrorism as the reason why India was not ready for self-rule, so do the Israelis and their Western benefactors in denying freedom to Palestinians.

Anti-colonialism and its perils

Colonialism and anti-colonialism work in sets of patterns, sometimes mismatches, and often comparable narrative arcs. One might easily find comparable situations in Algeria, South Africa, and across the darker continents that constituted the colonised world. Because British India was an exploitation colony and not a settler colony — meaning that its raison d’être was Britain’s monopoly over resources and not any kind of large-scale settlement project looking to replace Indians with Britons — perhaps some of the other colonies make even more compelling cases for comparisons.

But a latent pedagogy from a possible blood bond between the experiences of colonialism in Palestine and the subcontinent, however they might diverge or meet, is one that has not often been explored. The exception here is Kashmir, where the haemorrhage of Partition bled into further tragedies — those in which Kashmiris have long seen their own experience reflected in Palestine.

Not limiting themselves to “terrorists”, the British used a plethora of choice terms to describe the revolutionaries — fanatics, dacoits, thuggees, goondas, anarchists and bomb worshippers. Of this lexicon of slurs, the only one with any grounding in reality is anarchist, as some of the revolutionaries did indeed have personal ties to anarchist thinkers and philosophers in Europe, like Emma Goldman.

The British also widely speculated that the Bengali affinity towards bombs was cultish, and deeply rooted in Hindu religion, particularly the worship of Kali — the black goddess of death and rebirth. Consider here how it is Islam, rather than nation or the human spirit, that is often cited as the ideological basis for Palestinian resistance — that Hamas, in spite of everything, do not have any legitimate cause against Israel other than the stories of Bani Israel’s treacheries as revealed in the Holy Quran, or that the militant’s fearlessness before death is not driven by love of the homeland but by a libido for houris in heaven.

Freedom fighters, not terrorists

Khudiram Bose and Surya Sen — and, in Punjab, Baghat Singh and others — are part of the fibres of the protracted and multifaceted processes of Independence. Their contributions to this accomplishment is in no way minor to those brought about by the political work of Gandhi, Nehru, Jinnah, Ambedkar, and the other usual suspects.

In Palestine, there is a similar pantheon of names that coexist in spite of political and ideological divides — Yasser Arafat, of course, but also leftists like Abu Ali Mustafa, Sheikh Ahmed Yassin and Abdel Aziz Al-Rantisi — the Islamist founders of Hamas —and dozens more. All were assassinated by Israel.

When Israel released Palestinian prisoners during the temporary truce with Hamas last month, jubilant crowds in Ramallah flew green Hamas flags alongside those of the leftist Popular Front for the Liberation of Palestine — flags that denote distinct but interconnected movements that are integral to Palestinian society. It is because of such ecumenism that Israel’s psychotic war campaign in Gaza is not against Hamas but against all Palestinians.

It is only sensible, however, that Hamas — the only major Palestinian faction to have “resistance” enshrined in its name — is also the only one to have been born and taken shape in Gaza — always the most rebellious and ungovernable of the Palestinian enclaves. The first intifada began in Gaza in 1987. It was also in Gaza, in 2005, that the second intifada ended, when Israel was no longer able to provide security for its 9,000 settlers living there. The dismantling of 17 Jewish settlements in Gaza was a victory not only for Hamas but for the Palestinian people.

As is always the case for those who are militarily weaker but spiritually mightier, this victory came at an enormous cost — over 3,000 Palestinian lives lost, thousands more jailed, homes demolished, economic hardship, and the aggressive growth of Israel’s security infrastructure — to name only the material losses.

Whether it is the experience of the two intifadas, or the presently unfolding tunnel-guerrilla warfare with the Israeli military in Gaza — even under conditions of earth-shattering bombing; against all odds — Palestinians have shown the world again and again that they are willing to lose everything for their cause. The same cannot be said of their colonial masters. Were this to be otherwise, there might be new conditions for moral equivalency.

Politics, in many ways, is about subjective identification. I mean this in the Freudian sense — identification as a libidinal investment in a cause, idea, person, or public. It is perfectly admissible from the perspective of Western interests that Hamas, the vanguard of Palestinian armed resistance, at least in recent decades, are “terrorists.” Nobody expects this to be otherwise. It is because of this that I, unlike Gandhi, do not see the universal value in appealing to the moral compass of one’s enemy. Some enemies, especially those backed by colossal structures of power and capital, do not have a moral compass.

Back to Khudiram. Who would have thought that an 18-year-old “gentleman” would shake things up as much as he did? There was armed resistance in Bengal before him, but, perhaps because of the exaggerated British reaction to his case, after him, something changed.

In 1910, two years after his execution, it was estimated that 6,000 Bengalis were involved in resistance cells. In 1912, Bengali revolutionaries attempted to assassinate Viceroy Lord Hardinge in Delhi, narrowly missing, but leaving him wounded. In 1915 alone, there were 49 cases of terrorism in Bengal, including 10 assassinations. These days, we would probably call it an intifada.

Here there is another connection to be made. In present-day Kolkata — formerly Calcutta — there is a metro station in the Garia neighbourhood named after Khudiram, called ‘Shaheed Khudiram’.

This is another of Khudiram’s afterlives. In addition to being a gentleman, a terrorist, and a revolutionary, Khudiram is also a shaheed — and, in this, he is a node in a symbolic universe that narrows the distance between Palestine and Bengal, via Bosnia, Iraq, Afghanistan, Kashmir, and — to borrow from the great Kashmiri poet, Agha Shahid Ali — from our witnesses to our beloveds who sacrifice their lives not in vain.



from The Dawn News - Home https://ift.tt/MPTUGwA

Afghan PM meets JUI-F’s Fazlur Rehman, says Kabul ‘does not intend to harm Pakistan’

Afghanistan Prime Minister Mullah Hasan Akhund on Monday told Jamiat Ulema-i-Islam Fazl (JUI-F) chief Maulana Fazlur Rehman that Kabul “did not intend to harm” Pakistan or any other country.

The Afghan premier passed these remarks during a meeting with an 11-member delegation led by Fazl, who arrived in Kabul a day earlier on the Afghan interim government’s invitation. The trip is the JUI-F’s first visit to the neighbouring country since the Taliban takeover in 2021.

A statement issued by the Afghan government spokesperson Zabihullah Mujahid today quoted Mullah Hasan as saying that the “Islamic Emirate will not allow anyone to pose a threat to any country”.

The Afghan PM described the role of religious scholars as very important to resolve problems and remove misunderstandings between Islamabad and Kabul, it said.

The Taliban leader also called for a halt to what he called Pakistan authorities’ “brutal” policy against Afghan refugees. “Such kind of behaviour does not solve the problems but leads to mistrust,” the statement quoted Mullah Hasan as saying.

Meanwhile, Afghan acting Foreign Minister Amir Khan Muttaqi — who also attended the meeting — mentioned “the problems of Afghan traders” and the issues created by Pakistani officials in transit trade and exports.

Muttaqi was quoted as saying that “trade and bilateral economic issues should not be sacrificed for political purposes”.

The statement said Fazl described the “victory of the Islamic Emirate against the invasion as a major success and congratulated the people of Afghanistan”.

The JUI-F chief also hoped that the Islamic system in Afghanistan would be further strengthened, which would have a positive impact on the Islamic world.

“The purpose of my visit is to remove misunderstandings between the two countries,” Fazl was quoted as saying. Further, both sides called for joint efforts to find solutions to the persisting problems in Afghanistan and Pakistan.

Separately, a statement issued by the JUI-F media cell after the meeting said Fazl stressed on finding ways of cooperation between the two countries in politics, economy, trade and mutual development.

He also maintained that the JUI-F had raised its voice in protest against the deportation of Afghan nationals. “We consider this kind of behaviour wrong and a cause of problems between the two countries,” the statement quoted Fazl as saying.

The meeting between the JUI-F chief and Afghan leaders comes at a time when relations between Pakistan and Afghanistan have suffered due to a spike in terrorist attacks, mostly claimed by the outlawed Tehreek-i-Taliban.

Earlier today, five cops were martyred and 27 people were injured in a blast near a police van in the Mamund tehsil of Khyber Pakhtunkhwa’s Bajaur district. The attack was claimed by the TTP.

Islamabad has stated that the TTP and other groups use Afghan soil against Pakistan. While the Afghan Taliban have denied the charge, authorities remain unconvinced and have demanded action against the TTP, its sanctuaries, and the handover of its leaders.

The ties between the two neighbours took a further hit when Pakistan started deporting illegal Afghans. Nearly half a million undocumented Afghans have so far left Pakistan since November 1, last year.

‘Visit to help decrease misunderstandings’

On Sunday, Afghanistan Deputy Prime Minister Maulvi Abdul Kabir welcomed the visiting delegation, headed by Fazl, and hoped that the visit would help decrease misunderstandings between the two countries.

A statement issued by the office of the Afghan deputy PM thanked Pakistan for hosting Afghan refugees and supporting Afghans during the fight against the erstwhile Soviet Union.

“The Islamic Emirate desires good relations with all neighbouring countries especially Pakistan, based on mutual respect,” the statement quoted Maulvi Kabir as saying.

He assured the delegation that there would be no threat to anyone from the Afghan soil. “There should be discussions on realities instead of claims and propaganda in the media,” the Taliban leader said.

He also demanded an end to the mistreatment and forced deportation of Afghan refugees. Maulvi Kabir further hoped that Fazl would convey Afghanistan’s message to Pakistan that the former desired peace and stability in the region and would not allow anyone to use Afghan soil against anyone.

Separately, the statement quoted the JUI-F chief as saying that differences should be resolved through dialogue. “We should cooperate with each other and both countries must take advantage of commonalities,” Fazl added.



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PML-N, PPP should move no-trust motion against Senate chairman if they oppose resolution seeking poll delay: PTI’s Abro

PTI Senator Saifullah Abro has stated that the PPP and PML-N should move a no-confidence motion against Senate Chairman Sadiq Sanjrani if both parties opposed the recent passage of a resolution seeking to delay the February 8 general elections.

A thinly-attended session of the upper house of parliament on Friday had become the talk of the town after it adopted a resolution, albeit a non-binding one, seeking the postponement of the general elections over security and bad weather concerns.

The widely panned resolution, which was not initially scheduled for discussion, was introduced by independent Senator Dilawar Khan and received support primarily from Balochistan Awami Party (BAP) senators.

However, it also appeared to have the tacit support of some other parties, and the absence of lawmakers from mainstream political parties raised several questions.

PPP Senator Bahramand Tangi not only kept silent at the time of the voice vote, but also delivered a speech stressing the need for peace before polls. He was later issued a show-cause notice by his party for deviating from its policy.

The passage of the resolution was subsequently condemned by politicians and lawyers, who termed it a “conspiracy against democracy” and asserted that polls be held on time.

Appearing on Dawn News programme ‘Doosra Rukh’ on Saturday night, Abro was asked whether the PTI had developed a strategy in this regard.

“Why would we support that elections are postponed?” he asked. He said that the PML-N had not released any statement against the delay polls, and only one of its senators had spoken on the issue in the Senate.

On the other hand, Abro said, the PPP had taken a stand. He said that PPP Chairman Bilawal Bhutto-Zardari was appearing on the media to assert that elections would take place on Feb 8.

He also noted that Senator Mushtaq Ahmed Khan had submitted a fresh resolution, urging that polls should be conducted on time.

“So we will support that elections take place on Feb 8. We have been saying that elections should take place for one year,” Abro said.

He said that if PML-N and PPP thought that the resolution seeking delay in polls was wrong, then they parties should bring forward a no-confidence motion against the Senate chairman.

“The PTI will support it,” he said, adding that Sanjrani hardly had “seven to eight votes”.

He noted that there were only two months remaining for the tenure of the current Senate. “The way he has disrespected the Senate […] at least two months can be saved […] If they [PML-N and PPP] have the guts, then bring a motion against him.”



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India’s top court overrules early release of 11 convicts in Bilkis Bano gang rape case

India’s top court ruled on Monday that 11 murderers convicted of a gang rape that drew global outrage but who were released early must return to jail.

Bilkis Bano and two of her children were the only survivors among a group of Muslims attacked by a Hindu mob in the western state of Gujarat in 2002 during one of post-independence India’s worst religious riots.

Bilkis was pregnant at the time and seven of the 14 people murdered were relatives, including her three-year-old daughter.

The attack took place when Hindu nationalist Narendra Modi, now India’s prime minister, was the premier of Gujarat.

Modi was accused of turning a blind eye to the riots but was cleared of any wrongdoing in 2012, two years before his Bharatiya Janata Party (BJP) won national power.

The 11 convicts were freed in August 2022 following a recommendation by a state government panel, but must now return to jail within two weeks, the Supreme Court in New Delhi ruled.

“Their plea for protection of their liberty is rejected,” the Supreme Court said. Allowing them to remain free would “not be in consonance of the rule of law”, it added.

The men were accorded a heroes’ welcome when they were released in 2022 and a viral video showed relatives and supporters welcoming them with sweets and garlands.

The convicts’ release triggered angry reactions across the country, especially since it coincided with India’s Independence Day celebrations, when Modi spoke about women’s safety and security.

Soon afterwards, Bilkis said she was “bereft of words”. At the time, she said in a statement released by her lawyer that she “trusted the system” and was “learning slowly to live with her trauma”.

“The release of these convicts has taken from me my peace and shaken my faith in justice,” she said then. “My sorrow and my wavering faith is not for myself alone but for every woman who is struggling for justice in courts.”

The opposition Congress party welcomed today’s ruling, saying it exposed the BJP’s “callous disregard for women”.

“It is a slap on the face of those who facilitated the illegal release of these criminals and also those who garlanded the convicts and fed sweets to them,” spokesman Pawan Khera posted on X, previously known as Twitter.

“India will not allow administration of justice to be incumbent on the religion or the caste of the victim or the perpetrator of a crime.”

 Screengrab of Pawan Khera’s Google-translated post on X.
Screengrab of Pawan Khera’s Google-translated post on X.


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‘Don’t make allegations against constitutional body without proof,’ CJP tells PTI counsel

Chief Justice of Pakistan (CJP) Qazi Faez Isa on Monday told PTI lawyer Latif Khosa to refrain from making allegations against a constitutional body unless the claims could be backed up by proof.

He made the remarks as the court heard the PTI’s petition seeking initiation of contempt charges against the Election Commission of Pakistan (ECP) for alleged violation of its Dec 22 directives for a “level playing field” in the upcoming polls.

CJP Isa headed the bench, which also comprised Justice Muhammad Ali Mazhar and Justice Musarrat Hilali. The hearing was aired live on the SC’s website.

The PTI has alleged that conspiracies are being hatched to exclude it from the Feb 8 general elections.

The hearing comes a day after the ECP informed the Supreme Court that 76 per cent of nomination papers filed by PTI candidates for the upcoming general elections had been accepted, negating the party’s allegations of a lack of level playing field in the run-up to polls.

In a response submitted to the apex court, the electoral watchdog, citing data obtained by returning officers (ROs), said 598 out of a total of 843 nomination papers of PTI candidates for the National Assembly had been accepted. Similarly, 1,398 out of 1,777 candidatures for provincial assemblies had been accepted.

“The petitioner (PTI) has been unable to provide any proof that (ECP) has defied the order of the court dated Dec 22 in any manner whatsoever. The commission has taken all possible steps to comply with the order of the court dated Dec 22 […] therefore no contempt of this court is established as contemplated under Article 204 of the Constitution, the contempt petition ex-facie is not maintainable,” the ECP had concluded.

During today’s hearing, the Supreme Court fixed the PTI’s plea for the restoration of its ‘bat’ electoral symbol for hearing on Jan 11 (Thursday) while the contempt petition proceedings were adjourned till Jan 15.

Today’s hearing

At the outset of the hearing, PTI lawyers Khosa and Advocate Shoaib Shaheen came to the rostrum while the Punjab advocate general was also present. The Punjab advocate general told the court that a report had been submitted by the chief secretary in connection with directives issued by the court.

CJP Isa then asked the PTI lawyers whether they had read the comprehensive report. “What’s wrong with it?” he asked.

“It is based on a total travesty of facts,” Khosa responded. However, Justice Mazhar pointed out that according to the report 1,195 nomination papers had been filed by the PTI.

CJP Isa pointed out that if the PTI disagreed with the report submitted, then it should have been submitted in writing.

Justice Mazhar also read from the ECP report, saying that the data showed that the rate of acceptance of PTI nomination papers was 76pc. He also noted that the PTI itself had said that it had appealed the rejection of papers with the tribunals, which had accepted the pleas.

“What do you want? […] We are a court of law,” CJP Isa said, reiterating that comprehensive reports had been submitted to the court. “Please tell us what you want to do. If you do not trust any institution — tell us the reasons so we can issue an order,” he said.

Khosa asserted that he wanted the implementation of the relief granted by the court. He said that the PTI was not being allowed to campaign for polls.

However, Justice Isa pointed out that the lawyer was again making allegations. He also expressed displeasure at the counsel interrupting the judges from speaking. He again asked Khosa to respond to the latest reports submitted to the court.

“You don’t refer to a single bit of law, you don’t refer to a single fact. You just throw names. This is not the way. If there is genuine anxiety, we will address it. If it is just to be used as a political forum, then there are other forums for you to use,” the chief justice said.

Khosa said that PTI candidates were rounded up under public order laws and were roughed up. He said that the party was not being given a level playing field.

“Are you a candidate yourself?” asked CJP Isa to which Khosa responded in the affirmative. “You are standing before us […] let’s leave the dramatics out and focus on facts,” the top judge said. He again expressed displeasure at Khosa interrupting the judges from speaking.

Here, the PTI lawyer lamented that his party’s plea seeking the restoration of its bat symbol had not been fixed for hearing yet, at which the top judge assured him that it would be heard.

Justice Isa then asked the PTI lawyer whether he wanted elections to take place or not. “A hundred per cent we want elections,” Khosa said.

The chief justice said that the court was issuing directives on short notice and that he did not expect the ECP to file a report that soon. “If we are perpetually detracting the ECP, hauling them before the courts, how will they ever conduct the election? This is not their job. Their job is to conduct elections,” he said.

At one point, the CJP said that institutions such as the ECP had been constituted by the Parliament and urged Khosa to “value” them.

The PTI counsel then urged the court to allow the party to conduct its election campaign within the parameters of the law. He said that Section 144 and public order laws had also been imposed in an effort to crack down on the party’s candidates.

CJP Isa then highlighted that the imposition of Section 144 was not specific to one party. He said that if candidates were detained under public order laws, they could approach the court. He said that the PTI lawyer was talking in the air and asked how it was connected to the ECP.

“You want us to take over the ECP? […] Is it our constitutional mandate to take over the functions of the ECP? Please let me complete a thought. To the extent the ECP is not doing something in accordance with the Constitution or the law, we can look into it. But we are not the ECP,” CJP Isa observed.

“This point was made very clear to you when elections came before us that we will not settle the date of elections, which is the president or the commission’s [prerogative]. If you say someone’s papers have been snatched or rejected, then what we are doing in law is assuming the duties of the ECP, which is not our job,” he further said.

He highlighted that appeals against rejection of nomination papers could be heard by the election tribunals. “Do not make allegations against a constitutional body unless you can back it up with proof,” he said.

At one point during the hearing, Khosa claimed that papers were snatched from his munshi (clerk) while at the Supreme Court, to which CJP Isa said that a munshi was not even allowed to go to a judge’s chamber.

The chief justice assured Khosa that if a petition or a complaint was filed in the presence of the judges, the court would surely listen to it.

Here, Shaheen urged the apex court to fix the plea for the party’s ‘bat’ electoral symbol today as the Peshawar High Court (PHC) would hear the case tomorrow.

He said Hamid Khan, the counsel in the case, was present at the Supreme Court premises, at which CJP Isa summoned him to the courtroom.

The chief justice remarked, “The highest number of petitions are coming from the PTI right now, and are also being heard.”

Subsequently, the PTI’s plea for the restoration of its electoral symbol was fixed for hearing on Jan 11 (Thursday).

When asked about his request, Khosa said he wanted the court to grant him three days to submit a response to the ECP’s comprehensive report. The hearing was subsequently adjourned till Jan 15.



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76pc of PTI nominations papers for upcoming polls accepted, ECP tells SC

The Election Commission of Pakistan (ECP) on Sunday informed the Supreme Court that 76 per cent of nomination papers filed by PTI candidates for the upcoming general elections had been accepted, negating the party’s allegations of a lack of level playing field in the run-up to polls.

In a response submitted to the apex court, the electoral watchdog, citing data obtained by returning officers (ROs), said 598 out of a total of 843 nomination papers of PTI candidates for the National Assembly had been accepted. Similarly, 1,398 out of 1,777 candidatures for provincial assemblies had been accepted.

The ECP reply was furnished on a PTI petition seeking contempt of court proceedings against the election commission and other government authorities for the all­eged violation of the apex court’s Dec 22 orders — in which the SC had directed the ECP to attend to the PTI’s grievances urgently and resolve these expeditiously — and lack of level playing field for the party during the election process.

The PTI has alleged that conspiracies were being hatched to exclude it from the Feb 8 general elections as the top leadership of the party and its allies have been knocked out of the polls race, after almost “90pc of nominations from important leaders” failed to stand the scrutiny exercise. Earlier, it also claimed that the nomination papers of party candidates were snatched.

In a reply submitted today, a copy of which is available with Dawn.com, the ECP said it had held a meeting with the PTI and assured the party that a level playing field would be provided to all the candidates contesting for the polls across the board without discrimination.

It said the election commission’s secretary, who looked after the administrative affairs of the ECP, took follow-up steps on the matter.

“The commission has also issued instructions to the Chief Commissioner Islamabad and all the four provincial chief secretaries, inspector(s) general of police, and all the four provincial election commissioners. In turn, the provincial election commissioners have issued the instructions to the DROs and ROs,” it added.

The ECP further maintained that it had established complaint cells and contact numbers had been shared with the PTI. It claimed that actions had been taken on all the complaints submitted by the PTI in all four provinces and Islamabad.

“The ratio of acceptance of nomination papers of PTI candidates for election to the nation and provincial assemblies is 76.18pc,” the ECP said, highlighting that statistical data showed PTI candidates, their proposers, and seconders were provided with a level playing field.

It further highlighted that the party had a right to appeal the rejection of candidatures before the appellate election tribunal.

“The petitioner (PTI) has been unable to provide any proof that respondent 2 (ECP) has defied the order of the court dated Dec 22 in any manner whatsoever. The commission has taken all possible steps to comply with the order of the court dated Dec 22 […] therefore no contempt of this court is established as contemplated under Article 204 of the Constitution, the contempt petition ex-facie is not maintainable,” the ECP concluded.

It requested that the contempt petition be subsequently dismissed.

Punjab govt says supporting ECP for free, fair polls

Separately, a day earlier, the chief secretary of Punjab assured the SC that the provincial government was committed to supporting the ECP in conducting free and fair elections.

He stated that the government had implemented in letter and spirit all instructions received from the ECP and Punjab election commissioner. Compla­ints received from political parties had also been disposed of in accordance with relevant rules and laws, he added.

The reply was furnished in response to the apex court’s Jan 3 order — issued on PTI’s petition seeking level playing field — for the chief secretary and the inspector general of police to furnish a report on whether the directives issued by the provincial election commission to them were complied with, and if not, then explain the reason for not doing so.

According to the reply, the Punjab government prepared district-wise handbooks containing all details regarding election; besides, all returning officers (RO) have been directed to provide level playing field to all the contesting candidates and political parties for the conduct of the general elections.

Moreover, it said, non-arbitrary scrutiny process had been ensured for all candidates who had filed their nomination papers.

The reply said all interested candidates were able to file nomination papers without any hindrance, adding that no illegal arrest/detention of any contesting candidate or their proposers or seconders was made.

It said that personal visits by the ROs to polling stations were und­e­r­way to ensure the availability of essential facilities there like electricity, water, boundary walls, etc.

Likewise, it added, district control rooms had been established for monitoring/coordination and redressal of the grievances of contesting candidates. Moreover, districts have started procuring CCTV cameras for installation at all highly sensitive polling stations.

The reply said that information rela­ted to the electoral process had also been made public in accordance with the election rules.



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KP governor urges ECP to address concerns raised by political parties regarding polls

Khyber Pakhtunkhwa Governor Ghulam Ali has urged the Election Commission of Pakistan (ECP) to address concerns raised by political parties regarding the February 8 general elections.

In an interview with Dawn News programme ‘Doosra Rukh’ on Saturday night, he said: “It would be better if the election commission calls a high-level meeting of these political parties before the elections or a few days after them, and takes action after hearing their concerns.”

His statement comes amid reservations voiced by certain political circles on holding general elections on Feb 8, as scheduled by the election commission, due to security concerns.

On Friday, the Senate passed a resolution, moved by independent Senator Dilawar Khan with only 15 lawmakers in attendance, seeking to delay the polls due to security concerns.

However, the passage of the resolution was roundly criticised by various political parties, while the caretaker information minister had insisted that there was no directive of the prime minister or the federal cabinet for a delay. The Supreme Court was also subsequently approached to declare the resolution illegal and act against its backers.

The next day, Jamaat-i-Islami (JI) Senator Mushtaq Ahmed submitted a fresh resolution in the upper house, emphasising the need to ensure the timely conduct of the polls.

In an interview last night, Governor Ali stated that it was the provincial government’s duty to “improve the law and order situation and protect the people”.

He said the federal government and state institutions were also responsible for the same, highlighting that the army had agreed to deploy troops and provide the requisite support.

The KP governor mentioned the issues of “law and order, 18-hour-long load-shedding, and toughest winter” that were hindering polls. He said the reason why people were questioning whether the elections would take place or not was that a “tempo is not being created”.

“In other areas where there is winter as well as snow — including Naran, Kalam, Swat and Chitral — people there say how will we encourage our votes to come out [and vote],” Governor Ali said, adding that there were reports forecasting snowfall in Peshawar as well.

He added that he heard these concerns and told people that the date for the polls had been officially announced now. Ali further stated that none of the parties he had talked to “wanted the elections to not take place” but rather their “demand was for peace and protection”.

Ali said it was his “respectful request and suggestion” to the ECP to sit with the political parties and “convince” them how it could provide them protection.

He stated that the constitutional timeframe of polls being held within 90 days of the National Assembly’s dissolution had passed “so elections should take place” but the reservations should be considered.

The governor said Peshawar was facing the “toughest winter” and asked, “Which voter would come out [of their homes] in this situation?”



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