ISLAMABAD: The poll body, Election Commission of Pakistan (ECP, has directed the Islamabad Police to arrest Chairman Pakistan Tehreek-e-Insaf (PTI) and former prime minister Imran Khan, and present him before the electoral entity today (Tuesday) in connection with contempt proceedings against the ex-premier.
Issued on Monday but written earlier on Thursday, a letter to inspector general of police (IGP) Islamabad from ECP’s Director General (Law) Muhammad Arshad stated that Khan was required in the contempt of the commission’s proceedings initiated in terms of Section 10 of the Elections Act 2017.
“The said person failed to appear before the Election Commission of Pakistan despite service of notices, as well as, bailable warrants of arrest dated 16-01-2023 and 02-03-2023.
Contempt case: ECP issues non-bailable arrest warrants for PTI chief, Fawad Chaudhry
The commission, in exercise of powers, vested in it under Section 4(2) of the Elections Act 2017, and other enabling provisions of act and rules, has issued non-bailable warrant of arrest of Mr. Imran Ahmed Khan Niazi. This warrant authorises and requires you to arrest the said Mr. Imran Ahmed Khan Niazi and bring him before the Election Commission of Pakistan on 25th day of July, 2023 at 10:00 am,“ the letter reads.
On August 19, last year, the ECP issued contempt notices to the PTI chief, another PTI leader Asad Umar and former PTI leader Fawad Chaudhry for their strong public criticism of the ECP and Chief Election Commissioner Sikandar Sultan Raja. The case is since pending.
Umar, through his counsel, sought exemption from in person appearance before the ECP in a previous hearing of the case whereas Chaudhry has tendered unconditional apology to the commission in this case.
On October 26, last year, the ECP “quietly” amended the election rules to authorise its officers to issue contempt notices to the alleged “contemnors.”
The electoral entity, by amending the rules, also empowered itself to grant bail to persons arrested on the charges of the ECP contempt.
The ECP made these amendments in exercise of its powers under Section 239 of Elections Act 239, according to a notification issued then.
The electoral body amended Section 4(6) of the Election Rules 2017. This section deals with procedure related to the contempt of the ECP. “Where the commission is satisfied by an affidavit or otherwise, that the respondent is, or, as the case may be, respondents are avoiding service, it may direct issuance of bailable or non-bailable warrants for his or their arrest,” it says.
The ECP added the following provision in the aforementioned section. “Provided that in case of bailable warrant, the commission may, in its discretion, by endorsement on warrant and subject to its satisfaction, direct the police officer(s) to take such bail or security if such person is ready and willing to give bail and security required by such direction and shall forward the bond to the commission.”
Copyright Business Recorder, 2023