ISLAMABAD: The electoral body, Tuesday, issued a total of five bailable arrest warrants against top three Pakistan Tehreek-e-Insaf (PTI) stalwarts—Chairman and former prime minister Imran Khan, Secretary General Asad Umar, and Vice President Fawad Chaudhry—over the use of “intemperate language and contemptuous remarks.”
In this context, two arrest warrants each were issued for Khan and Chaudhry for the alleged contempt of the Election Commission of Pakistan (ECP) and Chief Election Commissioner Sikandar Sultan Raja, whereas, arrest warrant for Umar was issued for the alleged ECP contempt only.
Barring the CEC, a four-member ECP bench heard the case and announced its verdict; that was reserved last month. The bench comprised Nisar Ahmed Durrani, Shah Mohammad Jatoi, Babar Hassan Bharwana, and Former Justice Ikramullah Khan.
The arrest warrants shall be executed through inspector general of police (IGP) Islamabad, the verdict stated.
The warrants against the respondents were issued “in sum of Rs 50,000 with two sureties in the like amount each.” The next date of the case hearing is on this month’s 17th.
In October last year, the ECP amended the electoral rules to authorize its officers to issue contempt notices to the alleged “contemnors.”
The electoral entity also empowered itself to grant bail to persons arrested on the charges of ECP and CEC contempt. The development surfaced at the time when ECP was faced with strong criticism from PTI on different electoral issues.
The ECP made amendments to electoral rules in the exercise of its powers under Section 239 of Elections Act 239. The electoral body amended Section 4(6) of the Election Rules 2017. This section deals with procedure related to the contempt of the ECP. “Where the commission is satisfied by an affidavit or otherwise, that the respondent is, or, as the case may be, respondents are avoiding service, it may direct issuance of bailable or non-bailable warrants for his or their arrest,” it says. The poll body added the following provision in the aforementioned section.
“Provided that in case of bailable warrant, the commission may, in its discretion, by endorsement on warrant and subject to its satisfaction, direct the police officer(s) to take such bail or security if such person is ready and willing to give bail and security required by such direction and shall forward the bond to the commission.”
Section 4(8) of the same rules provides that if the commission, on the basis of opinion expressed by the commissioner or the member, mentioned in Section 7, decides that action should be taken in the matter, a notice of proceedings shall be issued to the advocate general, Islamabad who shall in that event either conduct proceedings himself or depute an additional advocate general or a deputy or assistant advocate general.
The ECP has omitted this provision of Section 4 (8) and replaced it with a new provision. The new Section 4(8) says that if the commission, on the basis of opinion expressed by the commissioner or the member, mentioned in Section 7, decides that action should be taken in a matter, it may direct a notice or a show cause notice to be issued to the alleged contemnor by the secretary of the commission or in his absence, any other officer of the commission and copy of such notice or show cause notice shall be sent to the advocate general, Islamabad, who shall in that event either conduct proceedings himself or depute an additional advocate general or a deputy or assistant advocate general.
The poll body initiated contempt proceedings against the chairman PTI, SG and VP in August last year.
On several occasions, the PTI top leaders have minced no words to take on the ECP and the CEC. Addressing mammoth public rallies in recent months, the PTI chief has alleged that the incumbent CEC is “biased” against the PTI and is supporting Pakistan Muslim League Nawaz (PML-N). The former federal ruling party has moved Supreme Judicial Council (SJC) for the removal of CEC.
Section 10 of the Elections Act 2017 provides that the commission may exercise the same power as high court to punish any person for contempt of court and the Contempt of Court Ordinance 2003 - or any other law pertaining to contempt of court shall have effect accordingly.
Copyright Business Recorder, 2023
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