On Tuesday, the Election Commission of Pakistan (ECP) issued non-bailable arrest warrants against Imran Khan, Pakistan Tehreek-e-Insaf (PTI) Chairman, and former party leader Fawad Chaudhry. As mentioned, this action was taken in response to a case of contempt against the ECP filed by the individuals.
The former Prime Minister and his former close aide failed to appear before the ECP despite being personally summoned.
Challenge to the ECP’s Authority
The top electoral body initiated contempt proceedings last year against the PTI leaders, including the chairman, former secretary general Asad Umar, and Fawad Chaudhry, who held the position of senior vice president then. The accusations were related to their alleged use of derogatory language against the chief election commissioner. The ECP sent multiple notices, requesting their presence in person to explain from their perspective.
However, the PTI leaders did not appear before the ECP and instead challenged the ECP’s authority to initiate contempt proceedings under Section 10 of the Election Act 2017 in various high courts.
According to Section 10 of the Election Act, the election commission possesses the power equivalent to that of a high court to punish anyone for contempt of court. The Contempt of Court Ordinance, 2003 (V of 2003), or any other relevant law about contempt of court shall be applicable accordingly.
Earlier this year, the ECP petitioned the Supreme Court to consolidate all six petitions in a single high court. In its ruling, the Supreme Court allowed the ECP to proceed with the Section 10 proceedings against the PTI leaders but restrained the electoral body from issuing final orders.