ISLAMABAD: Imran Khan questioned the jurisdiction of the Election Com­mission of Pakistan after it issued bailable arrest warrants against the Pakistan Tehreek-i-Insaf chief over his failure to appear in person on Thursday.

Speaking at a press conference in Lahore in the evening, he asked how the ECP could hold someone in contempt and issue arrest warrants. When had the commission done it before, he questioned.

The full bench of the ECP headed by Chief Election Commissioner retired Justice Sardar Muhammad Raza used its rare judicial powers almost nine months after issuance of a contempt notice to Mr Khan over his scandalous remarks about the commission.

The PTI chief had accused the ECP of being biased in the foreign funding case following which his counsel had tendered an apology with the commission. The PTI chief, however, in a TV interview said that his counsel had tendered an apology in his personal capacity and that he had not apologised.

Babar Awan while appearing before the ECP on Thursday as counsel for Mr Khan said that a petition of the PTI chairman was being heard by a larger bench of the Islamabad High Court. He said Mr Khan held the commission in high esteem and was ready to appear before it when asked for. He said Mr Khan had just returned after a foreign visit.

Member ECP from Khyber Pakhtunkhwa (KP) retired Justice Irshad Qaiser pointed out that the commission had ordered Mr Khan to appear in person.

The counsel for petitioner Akbar S. Babar argued that Mr Khan should have turned up when he had been summoned to appear in person. He said the ECP’s order had been flouted. “If he has respect for institutions, he should have been here,” he said and asked the commission to proceed in accordance with the law.

The commission issued bailable arrest warrants against Mr Khan, asking him to submit surety bonds of Rs100,000 by Sept 25 by coming to the ECP with two guaranteers. The commission also summoned Mr Khan to appear before it on Sept 25.

Later, a three-member larger bench of the Islamabad High Court (IHC) declined the verbal request of the PTI’s counsel to restrain ECP from proceeding against Mr Khan in the contempt case.

The bench headed by Justice Aamer Farooq, however, assured the counsel that the court would conclude the PTI’s petition before Sept 25, when the ECP is scheduled to take up the case.

Before the IHC, the PTI chairman has challenged the ECP’s order in which the commission decided to proceed against him under the contempt of court law.

The stance of the PTI chief is that only the superior courts have the jurisdiction to proceed against any person under the contempt of court law. The IHC would take up the case again on Sept 20.

A senior officer of the ECP when contacted said that under the Election Commission Order, 2002, the commission enjoyed powers on a par with high courts. He said Section 6 (1) of the Order reads: “The Election Commission shall have power to issue such directions or orders as may be necessary for the performance of its functions and duties, including an order doing complete justice in any matter pending before it and an order for the purpose of securing the attendance of any person or the discovery or production of any document.”

According to him, Section 6 (2) says that any such direction or order shall be enforceable throughout Pakistan and shall be executed as if it has been issued by the High Court.

At the press conference in Lahore, the PTI chief was accompanied by Pakistan Awami Tehreek chief Tahirul Qadri.

Mr Khan alleged that from Nawaz Sharif to Maryam Nawaz all leaders of the Pakistan Muslim League-Nawaz were continuously insulting the courts, but no one was holding them accountable.

He said the ECP was acting on a petition filed by a man (Akbar S. Babar) who was thrown out of the PTI years ago and who had been publicly pledging to destroy the party.

This was a partisan attitude and the commission should be held responsible, he said.

Ahmad Fraz Khan in Lahore contributed to this report.

Published in Dawn, September 15th, 2017