Pakistan: Election Commission defers indictment of Imran Khan, former minister in contempt case

The indictment of former federal minister Fawad Chaudhry and former prime minister Imran Khan in a case involving their disrespect for the chief electoral commissioner (CEC) and electoral body was again postponed by the Election Commission of Pakistan (ECP) on Tuesday.

To file charges against the lawmakers, a four-member bench of the ECP showed up at the Adiala Jail on Tuesday, where Imran and Fawad are detained.

Imran, 71, has been detained since his arrest on August 5th following his conviction in the Toshakhana case.

Due to the interior ministry’s refusal to bring the former premier before the commission, the ECP on December 6 decided to hold Imran and Fawad’s jail trial, claiming security concerns.

Because Fawad and Asad Umar, the former leader of the PTI, were accused of using “intemperate” language against the chief election commissioner and the electoral watchdog, the electoral body filed a contempt case against them last year.

Nevertheless, the three had contested the ECP notices and contempt proceedings in multiple high courts rather than going before the ECP, claiming that Section 10 of the Elections Act 2017, the statutory provision pertaining to the commission’s authority to punish for contempt, was unconstitutional.

The PTI leaders had additionally requested a declaration of immunity from the allegations from the high courts.

However, the Supreme Court granted the ECP permission to pursue legal action against Imran, Fawad, and Umar in January. On June 21, the ECP chose to file charges against the trio, which has yet to be done.

Fawad was taken into custody on November 4th after being apprehended from Islamabad in connection with a corruption investigation.

The electoral watchdog had stated during the previous session that it would file an indictment against the former prime minister and the former minister of information while they were in jail, and it had requested that the Ministry of Interior complete the required preparations.

The ECP bench postponed the indictment and postponed the hearing to December 27 in the most recent development on Tuesday.

Imran’s attorney, Shoaib Shaheen, told the media outside Adiala Jail that Imran’s appeal contesting the jail trial was still ongoing before the Lahore High Court. He argued that no legal authority was used to pass the trial’s directives.

Shaheen also insisted that everyone be let to witness the indictment proceedings, including the public, media, and attorneys. Additionally, he expressed dissatisfaction with Imran’s legal team’s denial of access to the jail on Tuesday with the whole case file.

Separately, on Tuesday, Fawad filed a plea with the ECP requesting an open trial for the contempt proceedings through his attorney, Faisal Chaudhry.

The former PTI leader argued, “The proceedings in central jail Adiala are not open, transparent, and are in square violation of law and the Constitution.”

According to Fawad, the ECP was required by the Constitution to grant the petitioner full access to the rights guaranteed by the Constitution.

“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,” he said in the plea.

According to Fawad, “it is now standard practice to victimise political opponents through trials held behind closed doors.”

“The closed-door trial is highly objectionable, lacking any legal foundation and completely violating the applicant’s fundamental constitutional rights, as well as completely disregarding international law, fundamental human rights, and international treaties,” he continued.

(With agency inputs)