ISLAMABAD: The Islamabad High Court on Tuesday suspended the warrants issued by the Election Commission of Pakistan (ECP) against Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan in the contempt case.
During Tuesday’s hearing, PTI chief’s counsel, Babar Awan, argued before the high court’s larger bench that the ECP does not have the jurisdiction to hear contempt cases and pleaded that the proceedings against his client be suspended, along with the arrest warrants.
Issuing notices to the respondents, the court suspended the warrants and also dismissed Awan’s request to halt the ECP’s proceedings against his client.
“Are politicians above the law?” the lawyer representing the ECP said, adding that Khan was expected to appear before the commission on Oct 26 for a hearing regarding the contempt of court case.
The lawyer representing Akbar S. Babar, a PTI dissident and one of the party’s founding members who had filed the case against Khan in the ECP, said that it should be made clear whether Khan intends to fight his case in the ECP or proceed with the case in the IHC.
The court then adjourned the hearing until November 7.
The ECP had directed the authorities concerned to arrest Imran Khan and present him before the ECP on October 26.
The contempt of court case against Imran Khan was filed by the PTI dissident and one of the founding members, Akbar S. Babar.
On October 18, the PTI chairman filed a petition in the Islamabad High Court (IHC) against the issuance of non-bailable arrest warrants.
The petition stated that the ECP has made him a target of political victimisation and exceeded its jurisdiction.
It also added that the commission has violated his basic rights by issuing the warrants.
Last month, the ECP had issued bailable arrest warrants against him for the same reason and had ordered the PTI chief to submit surety bonds worth Rs0.1 million, and to ensure his presence in court on Sept 25.
In August, the election commission had issued a second show-cause notice to Imran Khan after he failed to reply to an earlier notice regarding the contempt of court proceedings against him.
Imran Khan had initially challenged the maintainability of the contempt petition and raised objections over ECP’s jurisdiction to initiate contempt proceedings against him. However, the ECP declared on August 10 that it had the legal right to hear the contempt case. It then issued a formal show-cause notice to the PTI chairman, asking him to submit a reply by Aug 23.
Imran Khan had accused the ECP of being biased in the foreign funding case following which his lawyer had tendered an apology with the commission. However, the PTI chairman in a TV interview later said that his counsel had tendered an apology in his personal capacity and that he had not apologised.