LAHORE: The Lahore High Court has suspended the bailable arrest warrants of Pakistan Tehreek-e-Insaf (PTI) leaders Imran Khan and Fawad Chaudhry in the Election Commission of Pakistan (ECP) contempt case.
A three-member Rawalpindi bench of the Lahore High Court comprising Justice Chaudhry Abdul Aziz, Justice Sadaqat Ali Khan and Justice Mirza Waqas Rauf gave its verdict on the petition filed against the decision of the ECP.
The court ordered the Election Commission to continue the proceedings within its jurisdiction as the Lahore High Court will not interfere in the proceedings of the electoral body.
The court said that any party can challenge the decision of the Election Commission. After the decision of the ECP, the applicant can approach the court.
The Election Commission had last Tuesday issued bailable arrest warrants for the two PTI leaders in a case related to “insulting” remarks against Chief Election Commissioner Sikandar Sultan Raja.
A four-member bench comprising ECP members Nisar Ahmad Durrani, Shah Muhammad Jatoi, Babar Hasan Bharwana and Justice (retd) Ikramullah Khan passed the order after the leaders failed to appear in the proceedings of the case.
“Consequently, in the circumstances of the case, we are left with no option but to issue a bailable warrant of arrest against the respondent with two sureties in the sum of Rupees 50,000/- (Fifty Thousand) each.” The decision issued by the ECP was read out.
The case
Last year, the apex electoral body had initiated contempt of court proceedings against PTI leaders for allegedly using abusive language against the Chief Election Commissioner. He has sent several notices to him, asking him to appear in person and explain his point of view.
However, PTI leaders did not appear before the ECP and later challenged its powers to initiate contempt of court proceedings under Section 10 of the Election Act, 2017 in various high courts.
Section 10 of the Election Act states that “The Election Commission shall exercise powers equivalent to that of a High Court to punish any person for contempt of court and contempt of court Ordinance, 2003 (V of 2003), or any other law relating to contempt.” may. The effect of the Court shall be accordingly […]”
Earlier this year, the ECP had filed a petition in the Supreme Court, seeking consolidation of all the six petitions before one High Court. In its judgement, the Supreme Court said the ECP was allowed to continue proceedings under Section 10 against the PTI leaders, but it restrained the electoral body from passing final orders.
