ECP rejects Fawad’s conditional apology

ISLAMABAD: The Election Commission of Pakistan (ECP) has rejected the conditional apology submitted in writing by Fawad Chaudhry in the contempt of the electoral body case, directing him to reply to the show-cause notice issued to him in last June.

The ECP issued its order and made it clear that allegations and contemptuous remarks by the respondent are of sensitive nature and cannot be covered under such an apology as submitted.

A five-member commission, headed by Chief Election Commissioner (CEC) Sikandar Sultan Raja, issued a verdict on Fawad’s written request for clemency and directed the former federal minister to submit a reply to the show cause notice by August 15.

The ECP said that the respondent submitted a written apology and tendered a conditional apology but no regret was expressed in it. Fawad was issued the notice on the basis of his media talk in January 24 this year for allegedly passing contemptuous remarks and using intemperate against the ECP.

The order issued on August 03 says, “Sikandar Sultan Raja, Chairman, today the matter was fixed for personal appearance of the respondent as well as for submission of written apology by him and alternatively submission of reply to the show cause notice”.

“Mr Fawad Ahmed Chaudhary appeared in person along with his counsel Mr. Faisal Fareed and submitted his written apology which is taken on record. The contents of such apology are reproduced as under, ‘without prejudice to the legal exceptions and his legal and constitutional rights, in furtherance to his verbal statement before the learned Commission, the undersigned states as under; that the under signed was spokesperson of PTI. The statements made basis of instant litigation were made as a party spokesperson and not in his individual capacity,” the order, uploaded on the Election Commission’s website.

In his apology, the respondent said he holds all the institutions of Pakistan unto highest esteem and never intended to disrespect or disregard the Commission or the Chief Election Commissioner. Nevertheless, the respondent has resigned from the party position, therefore he seeks apology from the commission and requests to drop the instant contempt proceedings, forthwith.

“The Commission has perused the apology so submitted by the respondent which is conditional and does not show any regret on his part.

The allegations so leveled and contemptuous remarks so passed by the respondent are of sensitive nature and cannot be covered under the apology so submitted. Moreover, we are mindful that under the law an apology must fulfill the following principles for its acceptance:- (a) The apology must be unqualified, unreserved and totally unconditional; (b) The apology should not seem to be tendered but should also demonstrate sincere and genuine remorse to the satisfaction of the court.

At any event, a half-hearted or an apology in the nature of mere formality cannot be deemed as unconditional; and (c) The contemnor should not endeavour to justify his conduct,” the order says.

The order notes that, “We are also mindful that mere submission of apology, that too, conditional, and acceptance thereof, is not a condition precedent. More so, acceptance of an apology is discretion of the court herein the Commission.

Therefore, the apology submitted by the respondent is not accepted. Matter is adjourned to 15.08.2022 for submission of reply to show-cause notice dated 13.06.2023 by the respondent and for his personal appearance.”