ECP issues Imran Khan’s arrest warrants in contempt case

ISLAMABAD: In a rare move, the Election Commission of Pakistan Tuesday issued bailable arrest warrants for PTI Chairman Imran Khan, Asad Umar and Fawad Chaudhry while dismissing their pleas for an exemption in cases of contempt of ECP and CEC.

The four-member bench, headed by ECP Member Nisar Ahmed Durrani, issued two orders each against Imran and Fawad for allegedly using intemperate and contemptuous language against the Election Commission of Pakistan and Chief Election Commissioner Sikandar Sultan Raja, and one against Asad Umar on the same charges.

The ECP bench rejected the pleas of PTI leaders seeking an exemption from appearing before the commission and issued arrest warrants for them against surety bonds of Rs50,000 each. The bench, subsequently, adjourned the hearing till January 17.

In its detailed order, the ECP said directions were issued for the personal appearance of Imran Khan and a show cause notice was issued for their failure to do so. Imran Khan’s counsel, on the other hand, made requests for adjournment of the hearing till the final judgment of the LHC and Supreme Court. Both the courts, the order said, had allowed the ECP to continue the proceedings without restraint. The ECP bench said such conduct of respondent could not be tolerable, as Imran’s non-appearance before this Commission seems to be intentional.

“So far as the plea taken by proxy counsel for exemption of respondent for today is concerned, it is not clothed with any substantial evidence as he has not been able to provide a medical certificate of the respondent in support thereof. Hence, in the circumstances of the case, we have left with no alternative except to issue a bailable warrant of arrest against the respondent in the sum of Rs50,000/- (Fifty thousand) with two sureties in the like amount each,” it says.

“In view of the above discussion, the exemption application made by learned counsel for the respondent is dismissed and bailable warrants of arrest against the respondent are issued in the mentioned terms which shall be executed through the Inspector General of Police, Islamabad. Office to take follow-up action forthwith. Case to come up on 17.01.2023,” the order says.

As for Fawad Chaudhry, the order says that a proxy counsel appeared on behalf of Faisal Fareed, his lawyer and submitted an application for exemption of the respondent from his personal appearance for today on the ground that the respondent’s mother is indisposed and she is hospitalized in Lahore. He also said that Faisal Fareed, senior counsel in the instant matter, is the brother of the respondent, and due to the illness of his mother, he has also not been able to appear before the commission.

The ECP bench said that the long and short of the above discussion is that the respondent has neither appeared before this commission nor he has filed his reply to the show cause notice dated 13.09.2022 as yet after the lapse of sufficient time. In such view of the matter, it appears that respondent Fawad Chaudhary is deliberately seeking adjournments on one or other pretext and is also reluctant to appear before this commission which amounts to a mockery of the law. Such conduct of the respondent could not be tolerable, as his non-appearance before this Commission seems to be intentional.

Regarding Asad Umar, the order says that Anwar Mansoor Khan, senior ASC, appeared on behalf of the respondent and made a request for adjournment on the ground that the respondent has not been able to depart from Karachi due to a flight issue. He prayed that he may be exempted from his personal appearance. Then the order explains how the matter progressed, with citations, as the matter had been heard together with other two contempt cases, involving Imran and Fawad on the same dates. Now, the warrants of arrest shall be executed through the Inspector General of Police, Islamabad. The office to take follow-up action forthwith and the case will now come up on January 17.

Meanwhile, in his reaction, Fawad Ch, who is the senior vice-president of PTI, announced to move the high court against the ECP order and the subsequent arrest warrants which he termed as contempt of the High Court. He said that the date of the case was January 17, which was heard today against the rules that is a partisan decision of the members of Election Commission.

In his reaction, PTI leader Asad Umar said instead of doing their work of conducting elections, the Election Commission is issuing arrest warrants. They have themselves committed contempt of court by not conducting Islamabad (LG) elections, tweeted Asad Umar.