ISLAMABAD: In its verdict on the maintainability of contempt proceedings against Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan, the Election Commission of Pakistan (ECP) on Saturday ruled that proceedings were initiated as a result of “derogatory remarks” passed in writing against the commission.
The verdict says that Imran Khan has been issued a notice to show cause as to why contempt proceedings should he not be initiated against him for contempt of the commission; under section 103A of the ROPA, 1976 read with section 3 and other provisions of the contempt of court ordinance 2003 as well as Article 204 of the constitution.
The verdict says that ‘the ECP on the very first day (January 16, 2017) had remarked that respondent (Imran Khan) has not submitted an apology. It was observed that good sense might prevail with him to tender apology. Latitude was provided to avoid contempt proceedings till it becomes unavoidable’.
About the locus standi of Akbar S Babar to file the contempt application against Kaptaan, 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 refers 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.
The verdict signed by Chief Election Commissioner Raza Khan and all four members of the ECP states, “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.”
About delaying tactics employed by Khan’s lawyer, the verdict says that ‘various adjournments were sought on various pretexts. Different vakalatnamas were filed and at the end advocate Babar Awan was engaged who raised objection to the proceedings on the ground that the ECP had no power to proceed for its contempt’.
On Aug 10, the ECP had issued a show cause notice to Imran Khan asking him as to why contempt of court proceedings should not be initiated against him. Khan was directed by the ECP to reply to the show cause notice till August 23.
On Aug 10, the ECP had rejected Khan’s objections that it had no jurisdiction to entertain contempt cases. Akbar S. Babar, the petitioner who had also filed the foreign funding case against the PTI leadership had informed the ECP that PTI chief had accused the ECP of being biased in the foreign funding case following which his counsel tendered an apology with the commission.
The petitioner said that in a TV interview Khan said his counsel had apologised in a personal capacity and he had not apologised to the ECP.
Published in Daily Times, August 20th 2017.
