ECP issues bailable arrest warrants for Imran Khan, Fawad Chaudhry

• Warrants issued for non-appearance in case procedings.
• It directs office to take follow-up action on March 14.
• ECP accuses Imran Khan of 'deliberately' seeking adjournments.

ISLAMABAD: The Election Commission of Pakistan (ECP) Tuesday issued bailable arrest warrants for Pakistan Tehreek-e-Insaf (PTI) leaders Imran Khan and Fawad Chaudhry in a case pertaining to "contemptuous" remarks against Chief Election Commissioner Sikandar Sultan Raja.

A four-member bench — comprising ECP members Nisar Ahmed Durrani, Shah Mohammad Jatoi, Babar Hasan Bharwana, and Justice (retd) Ikram Ullah Khan — issued the order following the non-appearance of the leaders in the case proceedings.

“Consequently, in the circumstances of the case, we have left with no alternative except to issue a bailable warrant of arrest against respondent in the sum of Rs50,000/- (fifty thousand) with two sureties in the like amount each,” the verdict issued by the ECP read.

It further mentioned that the bailable warrants shall be executed through the Inspector General of Police, Islamabad; directing the office to take follow-up action forthwith and list the matter on March 14.

In its orders issued separately for Khan and Fawad, the ECP said that the respondents were directed to appear in person several times but they failed to do so. The election organising authority added that the PTI chief deliberately sought adjournments on one or other pretext and was also reluctant to appear before the bench which “amounts to a mockery of the law”.

“Such conduct of respondent could not be tolerable, as his non-appearance before this Commission seems to be intentional,” the order read.

Last week, the bench adjourned within a couple of minutes after the former prime minister and two other accused failed to show up at the commission in the case related to the contempt of ECP and Chief Election Commissioner Sikandar Sultan Raja.

‘ECP orders fall under contempt of court’

Strongly reacting to the arrest warrants for him and the PTI chief issued by the ECP in the contempt case, Fawad Chaudhry termed the orders as violations of the Lahore High Court (LHC) ruling.

The LHC, on January 6, suspended the ECP’s arrest warrants for Khan, Fawad and the party’s Secretary General Asad Umar in the case.

“[We] will get the ECP summoned by the high court in contempt of court [case],” he claimed.

The case

Last year, the top electoral body initiated contempt proceedings against the PTI leaders for allegedly using foul language against the chief election commissioner. It has served several notices on them, asking them to appear in person and explain their point of view.

However, the PTI leaders did not appear before the ECP and later challenged its powers to initiate contempt proceedings under Section 10 of the Election Act 2017 in different high courts. 

Section 10 of the election act states that the “election commission may exercise the same power as the high court to punish any person for contempt of court and the Contempt of Court Ordinance, 2003 (V of 2003), or any other law pertaining to contempt of court shall have effect accordingly[…]”

Earlier this year, the ECP filed a petition with the Supreme Court, seeking consolidation of all six petitions before one high court. In its decision, the top court said the ECP had been allowed to continue proceedings under Section 10 against the PTI leaders, but it barred the electoral body from giving final orders.

Following the top court's order the electoral body issued bailable arrest warrants for PTI leaders Khan, Asad Umar, and Fawad Chaudhry on March 10. 

However, later the Lahore High Court (LHC) Rawalpindi Bench suspended those arrest warrants but directed the ECP to carry on with its contempt proceedings against the PTI leaders.