ECP defers PTI chief’s indictment in contempt case until Aug 2
The Election Commission of Pakistan (ECP) on Tuesday deferred the indictment of PTI Chairman Imran Khan till August 2 in a case pertaining to contempt of the electoral body and the chief election commissioner (CEC).
The ECP issued the directives as a four-member bench headed by member Nisar Durrani heard the case. During today’s hearing, Imran made his first appearance before the electoral watchdog since the case was taken up in October last year.
A day earlier, the ECP had ordered Islamabad police to arrest Imran and present him before the election watchdog.
The ECP had initiated contempt proceedings against the PTI chief, party leader Asad Umar and former information minister Chaudhry last year for allegedly using “intemperate” language against the chief election commissioner and the electoral watchdog.
However, instead of appearing before the ECP, the three had challenged the ECP notices and contempt proceedings in various high courts on the grounds that Section 10 of the Elections Act 2017, which is the statutory provision regarding the commission’s power to punish for contempt, was against the Constitution. The PTI leaders had also sought from the high courts a declaratory relief from the charges.
But in January, the Supreme Court had allowed the ECP to continue proceedings against Imran, Chaudhry and Umar, and on June 21, the ECP had decided to frame charges against the trio.
In the July 11 hearing, they did not appear before the commission despite being summoned, following which the ECP issued arrest warrants for Chaudhry and Imran. It had, however, accepted a plea by Umar’s lawyer to allow him an exemption from the hearing.
Today, Imran appeared before the ECP bench alongside his counsel, Shoaib Shaheen. A member of the ECP bench stated that they had intended to indict the former prime minister in the case today.
However, the PTI chief’s counsel requested the electoral watchdog to defer the hearing as he needed more time to gather the case record.
In response, the ECP asserted, “It is your responsibility to manage the file and case record.”
Subsequently, the watchdog accepted the counsel’s plea and postponed the indictment until August 2. It also directed him to ensure Imran’s presence during the next hearing.
After the hearing, Imran was asked by journalists if he would apologise to the commission.
He responded by saying, “Do you think I should apologise? Why should I tender an apology when I did not make any mistake?”
When a journalist asked if he would “take more U-turns”, Imran said he would “keep taking U-turns”.
Another journalist commented that it seemed Imran had become a lawyer, to which the PTI chief said, “After so many cases, I have become a lawyer.”
Toshakhana case
Meanwhile, the Islamabad High Court has reserved its decision on the admissibility of the three pleas filed by the PTI chief in the Toshakhana case, challenging the maintainability of a criminal complaint against him for allegedly concealing details of Toshakana gifts.
IHC Chief Justice Aamer Farooq conducted the hearing.
At the outset, the chief justice greeted Imran’s counsel Khawaja Haris with a “good to see you” remark as he entered the courtroom.
In his arguments, Haris emphasised that the case against his client was driven by “malafied intent.” He asserted that the record being used by the prosecution against Imran should also be presented before the court.
Haris further highlighted that the ECP had acknowledged the disparity in signatures between a witness’s complaint and affidavit.
Upon hearing the arguments, the IHC reserved its verdict on the admissibility of Imran’s pleas.
The Toshakhana case, filed by ruling party lawmakers, is based on a criminal complaint filed by the ECP.
The case alleges that Imran had “deliberately concealed” details of the gifts he retained from the Toshaskhana — a repository where presents handed to government officials from foreign officials are kept — during his time as the prime minister and proceeds from their reported sales.
Imran has faced a number of legal issues over his retention of gifts. The issue also led to his disqualification by the ECP.
On Oct 21, 2022, the ECP concluded that the former premier had indeed made “false statements and incorrect declarations” regarding the gifts.