Imran deliberately used delaying tactics: ECP

ISLAMABAD: The Election Commission of Pakistan (ECP) has issued a detailed decision on maintainability of contempt proceedings against the PTI Chairman Imran Khan and issued him a notice to show cause why he should not be proceeded against for contempt.

The verdict cites several case laws to emphasise that the powers of contempt once conferred on the ECP cannot be taken away through subsequent amendments to law unless specifically mentioned.

Imran has been asked to submit his reply on or before August 23.

About the argument of Imran’s counsel that with the repeal of Contempt of Court Act, 1976 the ECP had lost the powers of contempt, the verdict states that ‘whenever an institution is vested with such executive-cum-judicial powers, and above all is to maintain its independence, it has to be vested with powers to implement its orders in case those are not complied with’.

‘Furthermore, it states that so far as the powers once given to the commission are concerned those cannot be curtailed under Article 222 of the Constitution’.

The eight-page verdict has been signed by Chief Election Commissioner (CEC) Justice Sardar Muhammad Raza and four members Justice (R) Shakeel Ahmad Baloch from Balochistan, Justice (R) Ms. Irshad Qaiser from Khyber Pakhtunkhwa, Abdul Ghaffar Soomro from Sindh and Justice (R) Altaf Ibrahim Qureshi from the Punjab.

In its verdict, the commission said contempt proceedings were initiated as a result of ‘derogatory remarks passed in writing against the commission. 

It also noted that ‘respondent (Imran) had been given unnecessary latitude and through adjournment is hereby issued a notice to show cause as to why he should not be proceeded against for contempt of the ECP under Section 103A of the RoPA, 1976 read with Section 3 and other provisions of Court Ordinance 2003 as well as Article 204 of the Constitution’.

It pointed out that the commission on the very first day (16.01.2017) had remarked that the respondent/Imran had not submitted an apology.

This was remarked that good sense might prevail on him to tender apology. ‘Latitude was provided to avoid contempt proceedings till it becomes unavoidable’.

As regards the locus standi of Akbar S Babar to file the contempt application, the verdict states: “Before us it is filed by a person no other and no less than the main petitioner himself, who is direct party in the proceedings’.

The verdict states that ‘in view of Section 103A of ROPA, 1976, the commission is vested with the same powers of contempt as are vested in a High Court under Article 204 of the Constitution of the Islamic Republic of Pakistan’.

The verdicts said Imran used deliberate delaying tactics and sought various adjournments on various pretexts. Different ‘Vakalatnamas’ were filed and at the end Babar Awan Advocate was engaged, who raised objection to the proceedings on the ground that the ECP had no power to proceed for its contempt’.

Akbar S Babar had filed an application with the Election Commission in November 2014, seeking its intervention in alleged irregularities in handling of foreign funds by the PTI. 

However, instead of complying with repeated directions by the Election Commission to produce the related financial record, the PTI and Imran resorted to dilly-dallying and then passed derogatory remarks against the electoral body.