ECP issues verdict on maintainability of contempt proceedings against Imran Khan
Issues show cause notice to PTI chief
Imran Khan. PHOTO: FILE
The Election Commission of Pakistan, on Saturday, issued a detailed verdict on the maintainability of contempt proceedings against PTI Chief Imran Khan, stating that the proceedings were initiated as a result of “derogatory remarks passed in writing against the Commission.”
The ECP verdict stated that the “respondent (Imran Khan), has been given unnecessary latitude through adjournments and is hereby issued a notice to show cause as to why should he not be proceeded against for contempt of the Commission; under section 103A of the ROPA, 1976 read with section 3 and other provisions of the contempt of court ordinance 2003 as well as Article 204 of the Constitution.”
ECP adjourns hearing in Imran case for one last time
The verdict further read, “the Commission on the very first day (January 16, 2017) had remarked that Respondent/Imran Khan has not submitted an apology. It was observed that good sense might prevail with him to tender apology. Latitude was provided to avoid contempt proceedings till it becomes unavoidable.”
Regarding the locus standi of Akbar S Babar to file the contempt application, the verdict stated that “before us it is filed by a person no other and no less than the main petitioner himself, who is direct party in the proceedings.” The verdict cited several case laws to emphasise that the powers of contempt once conferred on the ECP cannot be taken away through subsequent amendments to law unless specifically mentioned.
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The eight-page detailed verdict has been signed by CEC Justice (rt) Sardar Muhammad Raza and all four members of the ECP.
The verdict states that “in view of section 103A of ROPA, 1976, the Commission is vested with the same powers of contempt as are vested in a High Court under Article 204 of the Constitution of the Islamic Republic of Pakistan.”
Referring to the delaying tactics employed by Khan’s lawyer, the verdict said, “various adjournments were sought on various pretexts. Different vakalatnamas were filed and at the end Advocate Babar Awan was engaged who raised objection to the proceedings on the ground that the Election Commission of Pakistan had no power to proceed for its contempt.”
The ECP verdict stated that the “respondent (Imran Khan), has been given unnecessary latitude through adjournments and is hereby issued a notice to show cause as to why should he not be proceeded against for contempt of the Commission; under section 103A of the ROPA, 1976 read with section 3 and other provisions of the contempt of court ordinance 2003 as well as Article 204 of the Constitution.”
ECP adjourns hearing in Imran case for one last time
The verdict further read, “the Commission on the very first day (January 16, 2017) had remarked that Respondent/Imran Khan has not submitted an apology. It was observed that good sense might prevail with him to tender apology. Latitude was provided to avoid contempt proceedings till it becomes unavoidable.”
Regarding the locus standi of Akbar S Babar to file the contempt application, the verdict stated that “before us it is filed by a person no other and no less than the main petitioner himself, who is direct party in the proceedings.” The verdict cited several case laws to emphasise that the powers of contempt once conferred on the ECP cannot be taken away through subsequent amendments to law unless specifically mentioned.
ECP orders PTI to produce financial record by Sept 7
The eight-page detailed verdict has been signed by CEC Justice (rt) Sardar Muhammad Raza and all four members of the ECP.
The verdict states that “in view of section 103A of ROPA, 1976, the Commission is vested with the same powers of contempt as are vested in a High Court under Article 204 of the Constitution of the Islamic Republic of Pakistan.”
Referring to the delaying tactics employed by Khan’s lawyer, the verdict said, “various adjournments were sought on various pretexts. Different vakalatnamas were filed and at the end Advocate Babar Awan was engaged who raised objection to the proceedings on the ground that the Election Commission of Pakistan had no power to proceed for its contempt.”