ISLAMABAD: The Islamabad High Court (IHC) barred the Election Commission of Pakistan (ECP) from announcing its verdict in the contempt petition against former federal minister Fawad Chaudhary.
A single bench of Chief Justice Aamer Farooq issued a two-page written order in response to a petition filed by Fawad Chaudhry challenging the show-cause notice issued by the electoral body to him in January and June of this year.
The IHC bench also issued notices to the ECP in this matter and said, “Meanwhile, the proceedings before [the] Election Commission of Pakistan shall continue, however, no final order shall be passed.”
Fawad Chaudhary has challenged the notice dated 27.01.2023 and show-cause notice dated 13.06.2023 issued by the respondents. The counsel for the petitioner contended that the impugned show-cause notice and the proceedings are without lawful authority inasmuch as the same has been issued by the secretary ECP.
He also contended that under Section 10 of the Elections Act, 2017, it is the ECP, which has the jurisdiction/authority to initiate contempt proceedings and under section 6 of the Act of 2017, the authority/jurisdiction of the ECP can be exercised on its behalf by the chief election commissioner or any commissioner or officer, if duly authorised.
The counsel submitted that no authorization/delegation has been conferred upon the secretary ECP. He added that with respect to the same events, FIR was also registered and the petitioner is facing trial in the same, hence initiation of contempt proceedings tantamount to double jeopardy.
After hearing his arguments, the IHC bench issued notice to the respondents for a date in the 1st week of July and deferred the hearing till then for further proceedings.
Copyright Business Recorder, 2023