ECP defers Imran, Fawad's indictment in contempt case again

Hearing adjourned till December 27

RAWALPINDI:

The Election Commission of Pakistan (ECP) on Tuesday deferred the indictment of former prime minister Imran Khan and former federal minister Fawad Chaudhry in a case pertaining to contempt of the ECP and the chief election commissioner (CEC).

The hearing was adjourned till December 27.

A four-member bench of the electoral body reached Rawalpindi Central Jail to charge sheet Imran and Fawad, who are currently incarcerated at Adiala jail.

On December 6, the ECP decided to conduct a jail trial of both politicians, following the objection of the Ministry of Interior to produce Imran before the commission due to security reasons. The ECP had instructed the ministry to make necessary arrangements.

It should be noted that the proceedings of the PTI chief’s trial in the Toshakhana, cypher, and £190 million settlement case are already taking place inside the premises of Adiala jail due to 'security concerns'.

Last year, the electoral body had initiated contempt proceedings against Imran, Fawad and former PTI leader Asad Umar for the language used against the chief election commissioner and the ECP, issuing non-bailable arrests through the Islamabad High Court (IHC) against them.

However, avoiding the summons, the three politicians challenged the ECP notices, protesting that Section 10 of the Election Act 2017 was against the Constitution of Pakistan. They had also sought relief from contempt proceedings from the high courts, instead of appearing before the ECP.

In January this year, the Supreme Court of Pakistan (SC) permitted the ECP to resume their proceedings against the three. On June 21, the electoral body decided to frame charges against Imran, Fawad and Umar.

The former federal minister of information and technology was arrested in Islamabad on November 4 in a corruption case and has been in jail ever since.

While addressing the media outside Adiala jail today, PTI lawyer Shoaib Shaheen maintained that Imran’s application in the Lahore High Court (LHC), challenging the jail trial was pending. He further maintained that the orders of the trial were passed without any legal authority.

Maintaining that transparency and fairness in the case would only be ensured with the media’s presence, Shaheen said: “This is an open trial case, only the place of hearing has changed”.

Imran’s lawyer further demanded that the public, family members, media and lawyers should be permitted to attend the indictment hearing. He also complained that the legal team of the former premier was not allowed to enter the jail today with the complete case record.

“While waiting, our files were scrutinised for half an hour and even the ECP members left after waiting,” Shaheen claimed. He further stated that the indictment proceedings were delayed again as neither PTI lawyers nor the advocate general (AG) was able to arrive in time for the court session.

“Where is the level playing field when we can’t discuss the case with Imran?” and added that all other political parties have been allotted their election symbols except PTI. “The ECP is responsible for stopping pre-poll rigging,” advocate Shaheen stated.Fawad files plea for an open trial

Fawad filed a petition to the electoral body seeking an open trial in contempt proceedings through his lawyer Faisal Chaudry.

Contending that the proceedings in Rawalpindi Central Jail are not open and transparent, the former federal minister said that is in “direct violation of law and the Constitution”.

“The applicant under article 10-A read with all other enabling provisions of law and Constitution has a fundamental right to have a fair trial and due process”, Fawad maintained and added that the ECP possesses the constitutional duty to extend constitutional rights to the applicant in letter and spirit.

Fawad remarked that it was peculiar and appalling that learned members of the electoral body have decided to initiate in-jail proceedings which in the applicant’s strict opinion “is not by the stature and respect of a constitutional body such like”.

The former PTI leader further alleged that “trials behind the jail walls” have become a norm to victimise political victims.

“The closed-door trial is completely unacceptable, without the upholding of law and is in complete derogation of basic constitutional rights of the applicant as well as in complete negation of international law, fundamental human rights as well as international treaties,” he further maintained.