Govt proposes commission to probe PCATP election rigging

Khudayar Mohla
Editor, Khudayar Mohla, Right to Information Laywer, PCATP election rigging, Islamabad High Court, IHC directives, Pakistan Council of Architects and Town Planners, cyber attack, 2023 elections, Ministry of Housing and Works, speaking order, Secretary Housing and Works, commission of inquiry, FIA investigation, election irregularities, cyber security breach, Oath Systems Pvt Ltd, Muhammad Arif Changezi, Qasim Abbas, PCATP Ordinance 1983, election fairness, accountability in elections, judicial inquiry, election hacking, transparency in elections, legal battle, architectural elections, Pakistan legal news, federal investigation, cyber crime. Advocate Umer Gillani, Supreme Court Advocate Umer Gillani

While passing a speaking order in response to Islamabad High Court (IHC) directives in Pakistan Council of Architects and Town Planners (PCATP) election rigging through cyber attack during 2023 federal Secretary Housing and Works Ministry finally proposed commission to probe the matter.

A day ago, the Secretary of the Ministry of Housing and Works gave a pivotal decision regarding the 2023 PCATP elections. The petitioner’s persistent legal battle against the election rigging, which uncovered serious irregularities in the Pakistan Council of Architects and Town Planners (PCATP) elections, was acknowledged. The Secretary’s speaking order confirmed that the elections had been compromised by cyber-attacks.

According to the speaking order, available with TLTP, the petitioner raised these allegations immediately after the 2023 elections, claiming that a cyber-attack manipulated the election results and challenged these elections in the IHC. The IT service provider, Oath Systems (Pvt.) Ltd., confirmed the hacking attempts, which were traced to the residence of the incumbent Chairman, Mr. Muhammad Arif Changezi.

The Federal Investigation Agency (FIA) also corroborated these findings, revealing that proxies and VPNs were used to obscure the hackers’ identities. These findings pointed to a deliberate effort to undermine the fairness of the election process.

In response, the IHC, through its judgment, directed the Ministry of Housing and Works to address the petitioner’s representation in accordance with the law within sixty days. A hearing was held on December 19, where both petitioner Architect Qasim Abbas and PCATP representatives, including Chairman Mr. Changezi, presented their arguments.

According to the order, the hearing revealed prima facie evidence indicating that the election process had been compromised through cyber-attacks and unfair practices by the election committee, led by Mr. Changezi. The Secretary also made stern remarks against the conduct of Mr. Changezi, the alleged beneficiary of the rigging.

Following these findings, the Secretary, through this speaking order, recommended the establishment of a Commission of Inquiry under Section 32 of the PCATP Ordinance, 1983. The proposed commission would include a High Court judge, an architect nominated by the federal government, and one nominated by the PCATP. Its role would be to investigate the alleged cyber-attacks and irregularities, evaluate the evidence, and recommend necessary remedial actions to ensure compliance with the law.

This order is a milestone towards accountability. It also sets a precedent for addressing election-related irregularities in the future. The focus now shifts to the upcoming investigation, where the actions of Mr. Changezi and others involved will be thoroughly scrutinized. For petitioners, who have long fought for transparency and fairness, this order offers a measure of validation for their efforts, though the path to resolution is far from complete.

Managing Partner at Mohla & Mohla - Advocates and Legal Consultants, Islamabad, Founder of The Law Today Pakistan (TLTP) Newswire Service. Former President Press Association of Supreme Court of Pakistan with over two decades of coverage of defining judicial moments - including the dissolution and restoration of Chief Justice Iftikhar Muhammad Chaudhry, Asif Ali Zardari NAB cases, Syed Yousaf Raza Gillani contempt proceedings, Panama Papers case against Mian Nawaz Sharif, matters involving Imran Khan, and the high treason trial of former Army Chief and President Pervez Musharraf. He now practises law and teaches Jurisprudence, International Law, Civil and Criminal Law. Can be reached at: mohla@lawtoday.com.pk
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