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The Election Commission of Pakistan (ECP) on Monday directed Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan; Secretary General Asad Umar; and Senior Vice-President Chaudhry Fawad Hussain to appear before it in person on Sept. 27 over “contemptuous” remarks about Chief Election Commissioner Sikandar Sultan Raja.
Hearing the contempt case against the three politicians, a four-member bench of the ECP comprising Nisar Durrani, Shah Muhammad Jatoi, Babar Bharwana, and Justice (retd.) Ikramullah Khan rejected a plea filed by the PTI claiming the electoral body did not have the authority to serve contempt notices. The bench also said the responses submitted by the accused were “not satisfactory” and issued show-cause notices to all three men, directing them to appear before it in person on Sept. 27 for further proceedings.
Earlier, during the hearing, PTI lawyer Faisal Chaudhry challenged the ECP’s authority to launch contempt proceedings against anyone under section 10 of the Elections Act, 2017. Section 10 of the Elections Act 2017 provides the ECP with the same powers as a high court to punish any person for contempt of court under the Contempt of Court Ordinance 2003 or similar laws.
Noting a similar case was pending before the Lahore High Court, Chaudhry said the contempt notices were sent by ECP Secretary Omar Hamid Khan, who he claimed had no authority to issue any such notice. To this, ECP’s Durrani said the electoral body functioned through its secretariat and relevant officers. However, the PTI’s counsel maintained only the CEC and four ECP members have the power to issue contempt notice, adding the notices issued to Khan, Umar, and Fawad did not specify the law under which they were being proceeded against.
Chaudhry also submitted the written responses of Umar and Fawad, but informed the ECP that Khan’s response would be submitted later. Khan’s eventual response challenged the authority and contempt notice of the ECP, claiming it did not have the mandate to hear contempt cases. It said the notices issued were “not in accordance with the law,” adding they were “vague, cursory and without jurisdiction.” Questioning what law had been violated by Khan, it said the ECP could not exercise suo moto powers.
The PTI chief, in his response, also referred to Article 19 of the Constitution, claiming he had not insulted the ECP. “That impugned notice is rendered oppressive, hence illegal being arbitrary and capricious under facts and circumstance of the case,” it said, and urged the ECP to quash the notices.
The entire PTI leadership, most notably Imran Khan, have been criticizing the conduct of the ECP and CEC Raja since its government was ousted through a vote of no-confidence in April. Khan, in particular, has insulted the CEC, describing him as a “puppet” of the ruling coalition and “biased” against the PTI. The party has repeatedly demanded Raja step down, claiming it cannot trust the results of polls conducted under his leadership.
Following numerous instances of Khan targeting the ECP in his speeches, the ECP in August issued notices to the former prime minister and Umar and Fawad over passing “inappropriate remarks” and leveling allegations against the commission and its members. It said Khan had used “insulting and indecent language” against the CEC in rallies on July 12, 18, 21, 27, Aug. 4 and 8.