Khyber Pakhtunkhwa to Set Up Commission to Investigate Alleged Fraud in 2024 General Elections

The Khyber Pakhtunkhwa government has decided to establish a commission to investigate alleged electoral fraud during the general elections held on February 8, 2024. The commission will assess whether the caretaker government and its officials operated legally after the elections and until the transfer of power to the new government.

The provincial government has finalized the Terms of Reference (TORs) for the commission, which will address several key areas of investigation:

1. **Section 144 Orders Examination**
The commission will review all notifications and orders issued under Section 144 of the CrPC by the caretaker government in Khyber Pakhtunkhwa. It will determine whether the enforcement of Section 144 was in compliance with constitutional protections related to freedom of assembly and expression.

2. **Investigation of MPO Section 3 Orders**
The commission will examine orders of detention issued under Section 3 of the Maintenance of Public Order (MPO) to assess their legal basis. It will also investigate whether these measures violated constitutional rights and were selectively applied against political opponents.

3. **Investigation into Arrests and Re-Arrests**
The commission will investigate the methods of re-arrests and arrests carried out by law enforcement agencies against political workers, activists, and candidates.

4. **Inquiry into Alleged Widespread Falsification**
The commission will probe allegations of falsification of electoral records and other government documents by public officials. It will recommend disciplinary or criminal action if necessary.

5. **Investigation into Law Enforcement Agencies’ Conduct**
The commission will scrutinize the conduct of law enforcement agencies, particularly Khyber Pakhtunkhwa Police, to determine if police officers posted at returning officers’ offices abused their authority.

6. **Assessment of Caretaker Government’s Neutrality**
The commission will assess whether the caretaker government maintained neutrality, and if any significant number of members had political affiliations, making them unfit for office.

7. **Evaluation of Level Playing Field Provision**
The commission will evaluate whether the caretaker government provided an equal playing field for all political parties or whether any party was unfairly targeted.

8. **Recommendations for Redress and Future Safeguards**
The commission will propose administrative, legal, and policy measures to prevent electoral malpractice in the future. It will also recommend legal amendments to prevent misuse of detention laws and ensure that the application of MPO orders aligns with constitutional and human rights safeguards.

9. **Subordinate and Incidental Matters**
The commission will have the authority to investigate any other subordinate or incidental matters necessary to ensure justice is served.

The Khyber Pakhtunkhwa government aims to maintain transparency, restore public trust, and ensure a thorough investigation into any electoral misconduct during the 2024 general elections. The commission is expected to begin its inquiry immediately after the notification and submit a detailed report to the government within 60 days, including the results of each term of reference and any recommendations for legal or administrative actions. The government can extend the deadline upon request if additional time is needed.

All executive authorities in Khyber Pakhtunkhwa will be obligated to assist the commission in its tasks and comply with any legal instructions issued by the commission. The Advocate General of Khyber Pakhtunkhwa will also provide support by supplying all necessary documents, reports, and materials for the inquiry.

To ensure the safety of the commission members, the government will provide foolproof security.