ECP empowers armed forces & civil armed forces for holding free, fair and transparent elections

ISLAMABAD: Election Commission of Pakistan (ECP) has empowered the armed forces and civil armed forces in aid of civil power, to use the powers under section 4 and 5 of the Anti-Terrorism Act 1997. 

They would also be required to extend their security cooperation to ECP for holding peaceful, free and fair election in Pakistan, while exercising the powers under section 220, section 5, section 193 of the election act 2017.

Under section 4 of the Anti-Terrorism Act 1997, federal and provincial governments secure to seek presence of the armed forces and civil armed forces in any area for the prevention and punishment of terrorist acts and scheduled offences under the Act. The Federal Government has decided by a notification, in the official Gazette deployment of the civil armed forces as well as armed forces for the purpose.

The Section 5 of the Terrorism Act 1997, authorizes the armed forces, or civil armed forces to use the powers of Police under the Act, may, after giving sufficient warning, use the necessary force to prevent the commission of terrorist acts or scheduled offences. 

An officer of the police, armed forces and civil armed forces may during their deployment in the sensitive areas during the election duty, after giving prior warning use such force as may be deemed necessary or appropriate, bearing in mind all the facts and circumstances of the situation, against any person who is committing a terrorist act or a schedule offence. It shall be lawful for any such officer, or any senior officer after forming reasonable apprehension that death or grievous hurt may be caused by such act or offence to allow to fire, or order the firing upon any person or persons against whom they have been authorized to use force in terms of the provisions of the. 

Provided that an order to open fire, shall be given by a police officer not below the rank of BS-17 and equivalent rank, in the case of a member of Armed Forces or civil Armed forces or by a Magistrate on duty. The decision to open fire or order firing shall be taken only by way of last resort, and shall in no case extend to the inflicting of more harm than is necessary to prevent the terrorist act or scheduled offence which has given rise to the reasonable apprehension of death or grievous hurt.

All the cases of firing which have resulted in death or grievous injury shall be reviewed by an internal inquiry committee constituted by the head of the law enforcement agency concerned. 

Arrest without warrant of any person who has committed an act of terrorism or a scheduled offence or against whom a reasonable suspicion exists that he has committed, or is about to commit, any such act or offence; and enter and search, without warrant, any premises to make any arrest or to take possession of any property, firearm, weapon or article used, or likely to be used. 

Under section 5 of the Election Act 2017, Armed Forces, Civil Armed Forces, Police and all the Executive Departments of the federal and provincial government to assist and provide Election Commission of Pakistan assistance for holding free, fair elections in the country.

 Election Commission of Pakistan has authorized  under section 193 of the Election Act 2017, Armed Forces, Civil Armed Forces, Police or any officer exercising the powers of a civil or criminal court, or an officer of the Armed Forces, or an officer performing a duty in connection with an election, who is authorized by the Commission in this behalf  to exercise the powers of a Magistrate of the first class under the Code in respect of the offences of personation, or capturing of polling station or polling booth punishable under section 174, taking cognizance of any such offence under section 190 of the Code and shall try it summarily under Code of Criminal Procedure.

  The Section 220 of the Election Act 2017 has also empowered the election commission of Pakistan to seek assistance from executive authority of federal and provincial governments help fir preparation of the electoral rolls, updated such to be used for conduct of an election to a local government. 

The Commission shall provide the Returning Officer for a local government with copies of electoral rolls for all the electoral areas within the constituency of such local government. The Returning Officer shall provide the electoral rolls, containing the names of the voters entitled to vote at a polling station, to the Presiding Officer of each such polling station.