ISLAMABAD: The Election Commission of Pakistan (ECP) on Monday ordered the Islamabad police to arrest Pakistan Tehreek-i-Insaf (PTI) chief Imran Khan and present him before the election watchdog in connection with the contempt case today (Tuesday).
“This warrant authorises and requires you to arrest Mr Imran Ahmed Khan Niazi and bring him before the Election Commission of Pakistan…at 10:00am,” the order addressed to Islamabad’s inspector general of police said. The order came some two weeks after a four-member bench headed by ECP Sindh Member Nisar Durrani had issued a warrant for the PTI chairman’s arrest on July 11 following his failure to appear before the commission.
The ECP had initiated contempt proceedings against the PTI chief, party leader Asad Umar, and former information minister Fawad Chaudhry last year for allegedly using “intemperate” language against the chief election commissioner and the electoral watchdog.
The commission had asked them to appear in person or through their counsels to explain their position. However, instead of appearing before the ECP, the three challenged the ECP notices and contempt proceedings in various high courts on the grounds that Section 10 of the Elections Act 2017 which is a statutory provision regarding the commission’s power to punish for contempt was against the Constitution.
Commission official claims arrest warrants only issued to ensure PTI chairman’s presence
Section 10 titled ‘Power to punish for contempt’ states that the “election commission may exercise the same power as the high court to punish any person for contempt of court and the Contempt of Court Ordinance, 2003 (V of 2003), or any other law pertaining to contempt of court shall have effect accordingly […]”. The PTI leaders had also sought from the high courts a declaratory relief from the charges.
But in January, the Supreme Court allowed the ECP to continue proceedings against the three, and on June 21, the ECP decided to frame charges against Mr Khan, Mr Chaudhry and Asad Umar.
In the July 11 hearing, they did not appear before the commission despite being summoned, following which the ECP issued arrest warrants for Mr Chaudhry and Mr Khan. It had, however, accepted a plea by Mr Umar’s lawyer to allow him an exemption from the hearing.
The ECP issued the order for the PTI chairman’s arrest stating that he was “required in the contempt of the commission’s proceedings initiated in terms of Section 10 of the Elections Act, 2017”.
The order, a copy of which is available with Dawn, said the PTI chief had failed to appear before the ECP even after he was served notices and bailable warrants for him were issued on January 16 and March 2.
Hence, the commission, in exercise of powers vested in it under Section 4(2) of the Elections Act 2017 and other enabling provisions of the act and rules issued a non-bailable arrest warrant.
In the order, the ECP said it authorised and required the Islamabad inspector general to arrest Mr Khan and produce him before the ECP on July 25 at 10am. A senior ECP official explained that such arrest warrants were meant only for ensuring the presence of the suspect before the bench. Mr Khan will be a “free man” after that, he remarked. Asked if a charge will be framed against Imran Khan today (Tuesday) if he was brought before the bench, the official said it will depend on how the case will proceed.
Published in Dawn, July 25th, 2023
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