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Sunday December 22, 2024

PTI contempt case: No choice except filing charge sheet after Nov 10, says ECP

PTI's lawyer questions legitimacy of show-cause notices issued to PTI Chairman Imran Khan and other party leaders

By Nausheen Yousaf
October 26, 2022
Election Commission of Pakistan office. — Facebook/File
Election Commission of Pakistan office. — Facebook/File

The Election Commission of Pakistan (ECP) will have no other option but to file a charge sheet after November 10 against PTI Chairman Imran Khan, leaders Asad Umar and Fawad Chaudhry in the contempt case, the electoral watchdog said Wednesday.

A four-member bench headed by ECP member Nisar Durrani conducted a hearing on the contempt case filed against Khan and other PTI leaders, while Advocate Anwar Mansoor appeared on the party's behalf.

During the hearing, Advocate Mansoor contended that the notices served to the nominated party members were issued by the ECP's secretary and not by the electoral watchdog itself.

"The show-cause notice is illegal until this issue is solved. The show-cause notice has the signature of the director general of law," he said.

At this, an ECP member of the bench denied the claim and said that it was the Commission that issued the notices and instead of the secretary, who has "just informed" about the notices.

However, the PTI's lawyer urged the ECP to issue its charge sheet after October 31 as the Lahore High Court (LHC) was hearing a similar case on the said date.

He said that Umar has received threats last night and there is no security for him.

At this, the ECP's member said that they would have no other choice but to issue the charge sheet after November 10.

The ECP had on August 19 issued notices to Khan, Chaudhry and Umar for “contemptuous” remarks against the electoral watchdog. In its notices, the ECP accused the ex-premier of levelling “baseless allegations” at the ECP and its chief in his addresses on July 18, 21, 27, August 4 and 10.

According to the notice, Khan — during one of his political gatherings — passed insulting remarks against the ECP on July 18, while he also spoke against the CEC.

However, on September 2, the Rawalpindi bench of the Lahore High Court suspended the contempt notices to the PTI leaders by the ECP.

A day earlier, the ECP filed in the Supreme Court a petition urging the apex court to lift the stay order issued by the LHC.

In its petition, the ECP pleaded with the top court to lift the stay order issued by the high court. The electoral watchdog sought the court’s permission to carry forward the contempt proceedings against the PTI leaders.

ECP seeks SC’s order to resume contempt proceedings against Imran Khan

In its petition, the ECP pleaded with the top court to lift the stay order issued by the LHC. The electoral watchdog sought the court’s permission to carry forward the contempt proceedings against the PTI leaders.

The PTI chairman had submitted his reply to the ECP and admitted the institution’s right to conduct the contempt proceedings, read the petition.

Urging the top court to lift the LHC’s order, the ECP argued that the suspect could not challenge the electoral watchdog’s proceedings after submitting a written reply.

The LHC issued the stay order after the suspects assured the court that they would appear before the ECP, the petition read. Despite assuring the LHC, the suspects were not appearing before the ECP, it added.

Election Act 2017 empowers the ECP to conduct contempt proceedings, the electoral watchdog added.