On July 11, 2023, the Pakistan Election Commission issued three non-bailable arrest warrants for the ex-Prime Minister of Pakistan, Imran Khan and Information and Broadcast Minister Fawad Chaudhary and Secretary General of the PTI, Asad Umar, on charges of contempt of the electoral body and Chief Election Commissioner (CEC), reported Dawn.
The arrest order was passed by the four-member Election Commission Of Pakistan bench headed by Nisar Durrani.
In 2022, the ECP initiated contempt proceedings against Imran Khan, Asad Umar and Fawad Chaudhary for allegedly using “intemperate language” against the CEC and the electoral watchdog. They also asked them to appear in prison or through their counsels before the commission to further explain their role, according to Dawn.
Although the PTI leaders did not appear before the ECP and instead challenged the ECP Notice and contempt proceedings in various high courts on the grounds that Section 10 of the Elections Act 2017 (statutory provisions regarding the commission’s power to punish for contempt) was against Pakistan’s Constitution.
While giving reasons, the assistant of Umar’s counsel told the ECP that Umar had another case to attend and a medical appointment and later requested an exemption from personal appearance as per Dawn. However, the ECP accepted his request and asked the lawyer to submit a formal plea for this matter. Similarly, the assistant counsel for Fawad said that his client was in Lahore.
According to the Pakistan Election Act 2017, Section 10, titled “Power to punish for contempt states that the election commission may exercise the same power as that of the High Court to punish any person for contempt of court and the contempt of Court Ordinance 2003 or any other law pertaining to contempt of court shall have effect accordingly.” The PTI (Pakistan-Tehreek-I-Insaaf) had also sought from the high courts a declaratory relief from the charges.
After lengthy proceedings, the Supreme Court of Pakistan, in January 2023, allowed the ECP to continue proceedings against Khan, Chaudhary and Umar. Subsequently, the ECP decided to frame charges against them.
The 70-year-old PTI Chief, Imran Khan, has been facing scores of cases in various courts after he was removed from power in April 2022. Fawad Chaudhary, who was once a diehard supporter of Imran Khan, quit the PTI over the violence that occurred on May 9, 2023.
The Pakistan government later launched a massive crackdown against the PTI leaders and workers and rounded up several thousands of people on charges of attacking civil and military installations. His supporters vandalised a dozen military installations, including the Corps Commander’s residence in Lahore, the Mianwali airbase and the ISI building in Faisalabad in response to Imran Khan’s arrest.
The mob also stormed the Army Headquarters (GHQ) in Rawalpindi for the first time. The Pakistani Police put the death toll in violent clashes to 10, while Khan’s party claims 40 of its workers lost their lives in firing by security personnel.
Previously, the Election Commission of Pakistan had disqualified Imran Khan from holding any public office for five years in the Toshakhana Case, wherein he was found guilty of unlawfully selling gifts from foreign dignitaries and heads of state. The gifts included a Graff wristwatch, four Rolex watches, a pair of cufflinks, a ring and an expensive pen.
The Election Commission Of Pakistan is an independent, autonomous, permanent and established federal body responsible for conducting and organising elections in the National Parliament, local governments and the office of the President of Pakistan.
The Chief Election Commissioner and the four retired judges of the Pakistani High Courts, each from all the four major provinces of Pakistan, namely: Punjab, Khyber-Pakhtunkhwa, Balochistan, and Sindh, form the five-member panel in total. The current Chief Election Commissioner (CEC) of Pakistan is Sikandar Sultan Raja.
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