What if Chattha fails to prove charges

ISLAMABAD: Rawalpindi’s former Commissioner Liaquat Ali Chattha faces criminal, judicial and departmental action after having accused the Election Commission of Pakistan, Chief Election Commissioner and Chief Justice of Pakistan of electoral rigging.

On Saturday, Commissioner Liaquat Ali Chattha confessed to having helped PMLN candidates win in Rawalpindi Division and held the ECP, CEC and CJP responsible.

If he fails to prove allegations during the inquiry, following criminal, statutory and judicial actions may be taken against him: 1) departmental action; 2) contempt of court action; 3) contempt of Election Commission action; 4) action under Section 20 of Prevention of Electronic Crimes Act 2016 regarding spreading hate and sensationalism against any person or persons. Departmental proceedings against him under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 were initiated on Saturday, and he was immediately transferred to the Services and General Administration Department, Punjab.

Under this law, in case the allegations are proved to be false, he will be charge-sheeted and a final decision will be taken in the light of his position, which may even result in dismissal from the job. In this case, he may have to completely lose his benefits. pension etc.

Legal experts on the proceedings of contempt of court say Liaquat Ali Chattha has targeted the person of Chief Justice, Qazi Faiz Isa in this drama.

Firstly, Justice Qazi Faiz Isa cannot be a part of any such negative activity. Secondly, the Chief Justice or the Supreme Court has no direct connection with the electoral process in the country.

In the elections, DROs have been taken from the administration instead of the judiciary. Therefore, even the subordinate judiciary cannot be slandered in this regard.

If the Supreme Court so desires, it may proceed against Liaquat Ali Chattha by issuing a show-cause notice under Section 3 of Contempt of Court Ordinance 2003 which shall be read in conjunction with Article 204 of Constitution relating to contempt of court.

If he fails to prove allegations, he can be punished with imprisonment up to six months, dismissal from government job and loss of pension and other benefits after retirement.

Replying to a question related to the proceedings of contempt of Election Commission, it was said this is a simple case. All the records of election process of entire division are available, which may be examined in the light of allegations of Commissioner Rawalpindi Division.

Only one argument can be presented in favour of Liaquat Ali Chattha that although the DROs and ROs were accountable to the Election Commission, they were administratively directly under the Office of Commissioner. Therefore, the legal and illegal order of the Commissioner could have influenced them to a great extent.

All the District Returning Officers (DROs) of the division have denied these allegations. In hindsight, these allegations seem to be untrue. The Election Commission may initiate contempt of case like those pending against former PTI Chairman Imran Khan and Fawad Chaudhry.

In the absence of proof of allegations made by former Commissioner, the FIA can take action against him under Section 20 of Prevention of Electronic Crimes Act (PECA), 2016 for spreading hatred and sensationalism regarding general elections on social media. The punishment for the crime is three-year jail and a fine up to Rs1 million.