ECP contempt case: IHC declares jail trial against Fawad null, void

ISLAMABAD: The Islamabad High Court (IHC), Thursday, declared jail trial against Pakistan Tehreek-e-Insaf (PTI) leader and former federal minister Fawad Chaudhry in the Election Commission of Pakistan (ECP) contempt case as null and void.

A single bench of Justice Saman Raffat Imtiaz also annulled the indictment of Fawad Chaudhry in Adiala jail and order of jail trial in the ECP contempt case.

The IHC bench issued the verdict in a petition filed by Fawad Chaudhry through his counsel Faisal Fareed and sought direction upon respondents to proceed with the hearing in open court in premises of the ECP and authorities be directed to produce applicant on each date of hearing.

In this matter, a four-member commission headed by ECP member Nisar Durrani, issued arrest warrants of Imran Khan and Fawad Chaudhry in the ECP contempt case on July 11. The ECP issued the bailable arrest warrants of Fawad Chaudhry adjourning the case hearing until August 7. Imran Khan and Fawad Chaudhry were indicted in the ECP contempt case on January 3.

The ECP had issued notice to Imran Khan and Fawad Chaudhry in August 2022 for levelling allegations on CEC and ECP during public gatherings and TV interviews.

In his petition, Fawad’s counsel submitted that the impugned order dated 30.11.2023, whereby, the Respondent No 1 (ECP) has directed that the contempt proceedings against the petitioner shall be conducted in jail 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 added that 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.

Copyright Business Recorder, 2024