Contempt case proceedings: IHC issues notice to ECP in Fawad’s petition

ISLAMABAD: The Islamabad High Court (IHC), Monday, issued notice to the Election Commission of Pakistan (ECP) in former federal minister Fawad Chaudhry’s petition against jail proceedings against him in contempt of the ECP case.

A single bench of Justice Saman Raffat Imtiaz conducted the hearing of the petition filed by Fawad’s counsel Faisal Chaudhry advocate and issued notices to the ECP and jail authorities.

During the hearing, Faisal submitted that the impugned order of ECP dated 30.11.2023, whereby, the respondent No 1 has directed that the contempt proceedings against Fawad shall be conducted in jail. He added that the order is in transgression of his jurisdiction as there is no provision in the Election Act, 2017 or the rules such as Section 352 of the Criminal Procedure Code, 1898.

He contended even, otherwise, the only reason given in the impugned order is that since the contempt proceedings against Imran Khan are being conducted in Central Jail Adiala, Rawalpindi, therefore, the proceedings in the matter against the petitioner shall also be conducted in Central Jail Adiala, Rawalpindi.

After hearing the arguments, the IHC bench observed that the question raised needs consideration and issued notices to the respondents with the direction to file a report and parawise comments so as to reach this Court within 10 days.

The counsel informed that the female lawyers of the petitioner are being mistreated. The court directed the respondents to ensure that the counsels for the petitioner are treated with respect and in accordance with law.

Later, the bench deferred the hearing until January 9.

Fawad Chaudhry has approached the IHC against his trial in Adiala jail initiated by the ECP.

He contended that neither the Elections Act 2017 nor any provision of the Election Rules provided the concept of trying any person in jail. The petition stated, “The closed door trial behind the mighty walls of Central Jail Adiala in absolute hostile atmosphere, in absence of local and international media, without free access of lawyers and public at large is [a] grave injustice and highly inappropriate.” It added that it amounted to jeopardising the legal and constitutional rights of the public.

The petition further said that the petitioner had no open access to his lawyers and family and he had been handicapped in defending accusations against him while he has the absolute right to have a fair trial and due process.

Therefore, it requested the court to declare the ECP’s proceeding in jail illegal and sought hearing in the open court.

Copyright Business Recorder, 2023