Contempt case: IHC suspends ECP’s arrest warrants against Imran

Directs PTI chief to submit signed reply to election body by Sep 25

ISLAMABAD: The Islamabad High Court (IHC) on Wednesday suspended bailable warrants of arrest issued by the Election Commission of Pakistan (ECP) against Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan in a contempt case.

IHC’s larger bench, comprising Justice Aamer Farooq, Justice Mohsin Akhtar Kayani and Justice Miangul Hassan Aurangzeb, suspended the top electoral body’s order while directing counsel for the PTI Babar Awan to submit a reply to the show-cause notice duly signed by Khan before the ECP by September 25.



The directives came after the bench noted that Khan had yet to submit a reply to the ECP’s show-cause notice and a previous reply of the PTI leader submitted before the ECP did not carry his signatures.

On August 24, the top poll supervisory body issued a second show-cause notice to the PTI chief after he failed to respond to an earlier notice regarding the contempt of court proceedings against him.

The commission was hearing the contempt of court case against the PTI chief filed by a dissident party leader, Akbar S Babar.

Khan had challenged maintainability of the contempt petition and raised objections over the ECP’s jurisdiction to initiate contempt proceedings against him.

The commission, however, declared on August 10 that it had the constitutional authority to hear the contempt case and issued a formal show-cause notice to Khan, asking him to submit a reply by August 23.



Later, when Khan did not submit any reply, the ECP issued a second show-cause notice to him on August 24.

In the hearing before the larger bench, Awan said there is nothing left to say when Khan has already submitted his reply and shown respect to the ECP bench.

“Did the statement signed by Imran Khan as copy of the reply not bear his signature?” inquired Justice Farooq.

“I don’t know my lord,” replied Babar, adding he owned every word of the reply and has full authority to make a statement on behalf of his client.

“Do you intend to file a reply before the Election Commission,” enquired Justice Aurangzeb.

Babar assured the court that he could re-file the reply after taking Khan’s signatures as he has ‘no habit of saying no to courts’. He, however, said: “We [PTI and Khan] have been persecuted” and the ECP was just a commission and not a court.

Once assured, the bench directed the counsel to submit an ‘affirmative reply’ before the ECP by September 25. Subsequently, the court suspended the arrest warrants and adjourned the proceedings for September 26.



Before leaving the courtroom, Justice Aurangzeb remarked that little did people know that contempt petitions were allowed to withdraw easily. “Wisdom rather than ego will prevail,” he said.

Khan through his counsel has approached the IHC stating that the ECP had no power to proceed in the contempt case against him.

Babar argued: “The Contempt of Court Act, 1976, is repealed by the Contempt of Court Ordinance, 2003, and contempt proceedings are carried out through the Ordinance of 2003 in the whole of Pakistan.”

Babar said the power of contempt before the ECP was provided through Section 103A of the Representation of Peoples Act, 1976, and it was not amended to the extent of the Ordinance of 2003. “Therefore, the Election Commission of Pakistan has no power to proceed for contempt,” he stated.

“Unless,” he said, “an amendment is made in Section 103A, the ECP has no power to initiate contempt proceedings.”

He requested the court to set aside the ECP’s order of August 10 and declare all other consequential contempt-related proceedings void, unlawful and without lawful authority.