Pakistan Election Commission defers indictment of Imran Khan, Fawad Chaudhry in contempt case

Islamabad [Pakistan]: The Election Commission of Pakistan (ECP) on Tuesday deferred the indictment of former Pakistan Prime Minister Imran Khan and former Information and Broadcasting Minister Fawad Chaudhry in a case related to contempt of the electoral body and the chief election commissioner (CEC), Pakistan-based Dawn reported. 

A four-member bench of the ECP reached the Adiala Jail in the morning, where both Imran Khan and Fawad Chaudhry have been incarcerated to chargesheet the leaders. The ECP bench deferred the indictment and adjourned the hearing till December 27. 
Speaking to reporters outside Adiala Jail, Imran Khan’s lawyer Shoaib Shaheen said Imran Khan’s petition challenging the trial in prison was pending before the Lahore High Court. Shaheen said that orders for the trial were passed without any lawful authority, Dawn reported. 

He said, “This is an open trial case, only the place of hearing has changed,” adding that the case could be heard transparently only when the media was present. He further said that family members of the leaders, media, the public and lawyers should be permitted to attend the proceedings of indictment. 

He complained that Imran Khan’s legal team with the complete case was not permitted to enter the prison today. He said, “Our files were checked for half an hour as we waited. Even the ECP members left after waiting,” adding that the indictment was deferred as Imran Khan’s lawyers and advocate general could not reach for the hearing in time. 

Shoaib Shaheen further said, “Where is the level playing field when we can’t discuss the case with Imran?” he asked. “All other political parties except the PTI have been allotted their election symbols. The ECP is responsible for stopping pre-poll rigging, according to Dawn report. 

Meanwhile, Fawad Chaudhry, through his lawyer Faisal Chaudhry, submitted a plea to the ECP requesting an open trial for the contempt proceedings. 

Fawad Chaudhry stressed that the proceedings in central jail Adiala “are not open, transparent and are in square violation of law and the Constitution.” He stated that the electoral watchdog had a constitutional duty to extend constitutional rights to the applicant in letter and spirit. 

In the plea, he said, “It is also strange and shocking that the learned members of the ECP have decided to start proceedings in jail, that in the applicant’s firm opinion is not in accordance with the stature and respect of a constitutional body such like.” 

Fawad Chaudhry said that “to victimise the political opponents the trials behind the jail walls have become the order of the day.” He called the closed-door trial “highly obejectionable” and added that it was in “complete derogation of basic Constitutional rights of the applicant as well as in complete negation of international law fundamental human rights and international treaties.” 

On December 6, the ECP decided to carry out jail trial of Imran Khan and Fawad Chaudhry, keeping in view the interior ministry’s refusal to present the former Pakistan Prime Minister before the commission, citing security concerns, Dawn reported. 

In 2022, the electoral watchdog started contempt proceedings against Imran Khan, former PTI leaders Asad Umar and Fawad Chaudhry for allegedly using “intemperate” language against the chief election commissioner and the ECP. 

The three leaders, instead of appearing before the electoral watchdog, challenged the ECP notices and contempt proceedings in various high courts, stating that Section 10 of the Elections Act 2017, which is the statutory provision regarding the commission’s power to punish for contempt, was against the Constitution. 

The three leaders also requested to court to grant them declaratory relief from the charges. In January, the Supreme Court permitted the ECP to continue proceedings against Imran Khan, Fawad Chaudhry and Asad Umar. On June 21, the electoral watchdog took the decision to frame charges against the three leaders, which is yet to be done. 

During the previous hearing, the ECP said that it will conduct indictment proceedings against Imran Khan and Fawad Chaudhry in prison, according to Dawn report. It also asked the Pakistan’s Interior Ministry to make arrangements in this regard.