Contempt proceedings: ECP to rule on Imran’s objections on August 10

PTI chief’s counsel says it’s illegal to initiate contempt proceedings against his client


Riazul Haq July 26, 2017
PTI Chairman Imran Khan. PHOTO: REUTERS

ISLAMABAD: The Election Commission of Pakistan (ECP) has reserved its judgment on a petition filed by Imran Khan, the Pakistan Tehreek-e-Insaf chairman, challenging the power of the top poll supervisory body to initiate contempt proceedings against him.

Imran, through his counsel Babar Awan, submitted in an ECP tribunal on July 10 that the right to initiate contempt proceedings rests with the Supreme Court and high courts.

A five-member ECP tribunal – headed by Chief Election Commissioner Justice Sardar Muhammad Raza – had issued the contempt notice to the PTI chairman on January 24 on a petition filed by Akbar S Babar, a former member of his party, seeking Imran’s disqualification on contempt charges.

Disqualification case: PTI chief presenting evidence in ‘piecemeal’, observes CJP

On Tuesday, the tribunal said it would announce its decision on August 10 on the objections raised by Imran at a previous hearing.

The PTI chief’s counsel argued that a 1976 law under which the ECP could initiate contempt proceedings had been repealed long ago. “The ECP should have its own law for contempt cases,” he said, adding that it was illegal to initiate contempt proceedings against his client.

“If the ECP is equal to a high court, then law of such court should also prevail,” Awan argued. The Constitution gives the ECP a separate status other than that bestowed upon high courts. “If a full bench of the ECP gives a verdict, where will I file my appeal?” Awan asked the tribunal.

He stated that even in the United Kingdom the election commission has no powers to initiate contempt proceedings.

After Awan completed his arguments, the lawyer for the petitioner requested the ECP to initiate contempt proceedings against Imran and issue him a show-cause notice. But the ECP reserved its verdict which, it said, would be announced on August 10.

If the commission overrules Imran’s objections, then the tribunal will continue to hear Awan’s petition, but if the objections are accepted, the case will be dismissed.

PTI seeks Shehbaz’s disqualification
Separately, in another petition seeking contempt of court proceedings against PML-N lawmaker Daniyal Aziz, PTI lawyer Shahid Gondal submitted a power of attorney. He argued before the tribunal that the ECP had no powers regarding contempt of court proceedings. Aziz did not appear before the tribunal and subsequently the hearing was adjourned till August 10.

 

 

 

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