ECP allowed to continue contempt proceedings against Imran

SC restrains ECP from passing final orders

The Supreme Court (SC) on Tuesday allowed the Election Commission of Pakistan (ECP) to continue its proceedings against former premier Imran Khan, and his party leaders Asad Umar and Chaudhry Fawad, in cases related to the contempt of the electoral body.

The orders were passed by a three-member SC bench, headed by Chief Justice Umar Ata Bandial and comprising Justice Athar Minallah and Justice Ayesha A Malik.

The ECP had during August and September last year issued contempt notices, in exercise of its powers of contempt, against PTI chief Imran Khan and party leaders Asad Umar, Chaudhry Fawad, Mian Shabbir Ismail and Danial Khalid Khokhar for allegedly using “intemperate” language against the chief election commissioner and ECP and asked them to appear in person or through their counsels before the commission to explain their position.

However, instead of appearing before the ECP, the PTI leaders challenged in various high courts the ECP notices and contempt proceedings on the grounds that Section 10 of the Elections Act, 2017, which is the statutory provision regarding the commission’s power to punish for contempt, was against the constitution.

In the Election Act, 2017, Section 10 titled “Power to punish for contempt” states that the “election commission may exercise the same power as the high court to punish any person for contempt of court and the Contempt of Court Ordinance, 2003 (V of 2003), or any other law pertaining to contempt of court shall have effect accordingly…”. The PTI leaders had also sought from the high courts a declaratory relief from the charges.

Later, a petition was moved through Advocate Sajeel Sheryar Swati on behalf of the ECP with a request to order consolidation of all six petitions before one high court instead of defending the commission’s stance over the issuance of contempt notices against PTI leaders in different high courts.

The seven-page document issued on Tuesday said that the proceedings initiated by the electoral body under Section 10 of the Election Act, 2017, against the respondents “have been allowed to continue”. “But ECP has been hereby restrained from passing final orders under the said section.”

Separately, the electoral watchdog also warned the PTI leaders of issuing their arrest warrants if they failed to appear before the commission on January 17 to face the contempt proceedings. A four-member ECP bench heard the case on Tuesday.

During the hearing, Imran and Fawad’s counsel, Ali Bukhari, contended that the latter’s mother was ill and was undergoing treatment at a hospital in Lahore.

He further said that Fawad’s brother, Faisal, was the PTI’s lawyer in the case. “Both the brothers are with their mother”.

He added that the PTI chairman, who is still recovering from the bullet wounds he sustained in an attack in November, had not yet been given the all-clear to travel.