On Wednesday, in a contempt case, the Election Commission of Pakistan (ECP) charged Fawad Chaudhry, a member of the Pakistan Tehreek-e-Insaf (PTI), and former prime minister Imran Khan.
The two lawmakers were charged today by a four-member court headed by Nisar Durrani, an ECP member, during a hearing at Rawalpindi Central Jail. The PTI founder and former member were both incarcerated in separate instances.
The hearing has been postponed until January 16th by the court.
Since Shoaib Shaheen, the leader of the PTI’s legal team, was occupied at the Supreme Court (SC), the party’s attorney asked the ECP to postpone the indictment for the day. The trial in prison was another of his arguments.
Both of the PTI lawyer’s motions were, however, turned down by the election board.
It should be mentioned that during a hearing on December 19, 2023, the electoral watchdog had postponed the indictment of the former federal minister and premier.
Media discourse by PTI attorneys
In a subsequent interview with reporters outside of Adiala prison, counsel Ali Bukhari revealed that the PTI would be submitting a high court challenge to the indictment.
Amir Niazi, a lawyer for the PTI, told the media that the charge-sheet did not contain any evidence of contempt. Additionally, he brought up the fact that Imran had requested that the legal team dissociate themselves from the ECP member whom the party had previously petitioned the Supreme Court over.
The charges infuriated Imran Khan, according to party leader Asghar Chaudhry, who addressed the press outside the prison. “Imran informed the ECP members that they were biased and that they will face charges of grave treason under Article 6 in the future,” Chaudhry continued, saying that the ECP members were taken aback by this revelation.
According to Hiba Fawad Chaudhry, who is married to former PTI leader Fawad, the former leader informed the electoral body members that he could not participate in the hearing because of an existing reference against one of them in a separate interview with the media. She clarified that despite this, he remained a judge.
She went on to say that Fawad was served four show-cause notices but was nonetheless indicted despite not being able to answer to any of them.
Case of ECP contempt
In 2022, due to their statements against the chief election commissioner and the ECP, the electoral body began contempt proceedings against Imran, Fawad, and former PTI leader Asad Umar. The Islamabad High Court (IHC) issued non-bailable arrest warrants against them.
Fawad emphasized in a media interview on July 20, 2021, that he had “no personal issues with the CEC or the ECP” and that his words were in line with party doctrine, while also making a verbal apologies to the electoral body.
After verbally apologizing, he asked the ECP to “let the matter go” while insisting he was acting in accordance with PTI policy.
The CEC claimed the leader had “insulted the ECP” as he was apologizing to them for his remarks. My wife was the target of your party chairman’s derogatory comments.
But before postponing the hearing until August 1, the ECP demanded that the former minister write an apology.
Fawad pleaded with the ECP to drop the contempt charge against him on November 23 and offered an unreserved apology.
The three lawmakers, however, contested the ECP notifications, arguing that Election Act 2017 Section 10 violated Pakistan’s constitution. They have also avoided the ECP by going to the high courts for relief from contempt proceedings.
