The Supreme Court on Tuesday permitted the Election Commission of Pakistan (ECP) to continue its proceedings against Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan, and party leaders Asad Umar and Fawad Chaudhry, in cases of contempt against the ECP.
A three-member bench, headed by the Chief Justice of Pakistan Umar Atta Bandial and comprising Justice Athar Minallah and Justice Ayesha Malik, passed the orders.
The electoral watchdog had issued contempt notices to the deposed premier as well as other party leaders in the months of August and September last year for issuing statements against the electoral body and its chief. However, these notices were challenged in high courts by the PTI members.
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The ECP noted that under Section 10 of the Election Act, 2017 – which pertains to the commission’s power to punish contempt – it had the authority to initiate contempt proceedings being a constitutional body.
During today’s hearing, the apex court maintained that the ECP should continue its contempt proceedings against the PTI leaders and further urged the electoral commission to come to a decision on the objections of the party in accordance with the law.
The SC stated that no high court had stopped the ECP from proceeding with the hearing, adding that the high courts of Sindh and Lahore only stopped the commission from issuing a final verdict.
It furthered that the Election Act empowered the ECP to act.
According to the SC orders, the former ruling party challenged the clause of giving authority to take action, therefore even if the prevailing law is challenged, its implementation could not be stopped.
ECP hearing
Earlier today, the ECP conducted defamation proceedings against the three PTI leaders, none of whom were present at the meeting.
The four-member commission was headed by ECP member Nisar Durrani. Syed Ali Bukhari appeared as assistant counsel for Imran and Fawad, while Asad Umar’s lawyer Anwer Mansoor also appeared before the ECP.
According to Bukhari, Fawad’s mother was ill in Lahore, and doctors had prohibited the former premier from travelling. Umar’s lawyer maintained that the PTI secretary general was absent because he missed his flight.
Durrani questioned if Imran’s medical certificate had been submitted and asked why the contempt of court notice had not been answered, highlighting that the case was ongoing from September 7.
Mansoor stated that objections had been filed on the notice of contempt of court, and following the apex court’s latest judgement, announced that the ECP could proceed with the contempt hearing.
Durrani asked if the counsel wanted to respond to the show-cause notice issued to the PTI leaders, while ECP member Ikramullah Khan added that if they did not pursue the case then the electoral wtchdog would give the final decision.
“Playing with the dates will not solve the issue,” Durrani stated.
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Mansoor maintained that he would submit replies to the show-cause notice before the next hearing, adding that this was the first time the electoral watchdog had issued contempt notices to anyone.
Durrani asserted that Imran Khan and Fawad Chaudhry had been issued contempt of court notices before.
Ikramullah Khan stated that the ECP would issue warrants for Imran, Asad Umar and Fawad Chaudhry, following which Advocate Bukhari urged the commission to give a notice of appearance instead.
Ikramullah warned that if the PTI leaders did not appear at the next hearing, the ECP would issue a warrant.
The Election Commission directed the parties to reply to the show-cause notice by January 17 and adjourned the case.
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