File photo. Aamir Qureshi—AFP
The Election Commission of Pakistan (ECP) on Wednesday indicted Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and former information minister Chaudhry Fawad Hussain in a contempt case against the electoral body and Chief Election Commissioner (CEC) Sikandar Sultan Raja.
As both men are currently incarcerated at Adiala Jail, the hearing was conducted on jail premises by a four-member bench of the ECP. According to the charge-sheet, which was rejected by both Khan and Fawad, they initiated a planned contemptuous campaign against the ECP and the CEC in 2022.
“The accused used non-parliamentary language against the ECP in a public gathering in Bhakkar on July 12, 2022,” it said of Khan, adding he had made similar remarks on May 11, May 16, June 29, July 19, July 20 and Aug. 7. Chaudhry faces similar charges. The charge-sheet stated the accused had committed contempt against ECP under the Election Act, 2017, adding the electoral body has the jurisdiction to take action as per Supreme Court observations.
After indicting Khan and Fawad, the ECP bench adjourned the hearing until Jan. 16. The PTI has vowed to challenge the indictment in the high court.
In a posting on X, PTI lawyer Intazar Hussain Panjutha claimed Khan was indicted without his primary lawyer present. “No one has seen such a controversial Election Commission in the history of Pakistan,” he wrote.
According to sources, the PTI’s counsel had requested the ECP not proceed with the indictment in the absence of the head of the party’s legal team, Shoaib Shaheen, who was appearing in the Supreme Court. He also pleaded against the jail trial, but both requests were dismissed.
During proceedings, per the sources, Khan criticized the ECP for not meeting its constitutional requirements. “You have scales in your hands. Are you doing justice with it?” he questioned, complaining about the arrests of leaders and workers of his party. “The way the elections are being held warrant invocation of Article 6 against you,” he said, and objected to the presence of an ECP member on the bench against whom a reference had been filed by him.
Chaudhry, meanwhile, said he had already tendered a verbal apology after which he was asked to submit a written apology, which he had also done. While incarcerated, he said, he learnt that apology was rejected.
The contempt case was initiated against the former PTI chairman, former party leader Asad Umar and Fawad last year, accusing them of passing un-parliamentary, intemperate, and contemptuous remarks against the ECP and the CEC on various occasions. All three had initially refused to appear before the commission, challenging its jurisdiction in several high courts. However, the Supreme Court in January 2023 allowed the proceedings to continue and the ECP decided on June 21 to frame charges against them, which remains pending.