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Supreme Court serves notice to Imran Khan in ECP contempt case

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  • Supreme Court adjourns the case hearing for the next two weeks.
  • SC also seeks responses from Fawad Chaudhry and Asad Umar.
  • ECP alleges Khan levelled “baseless allegations” against commisison.

ISLAMABAD: The Supreme Court Tuesday served notices to PTI Chairman Imran Khan and his aides — Fawad Chaudhry and Asad Umar — in contempt of the Election Commission of Pakistan’s (ECP) case.

A three-member SC bench comprising Chief Justice Umar Ata Bandial, Justice Ayesha A Malik, and Justice Athar Minallah heard the case filed by the ECP to transfer all its contempt cases against PTI leaders from different high courts to a single one.

The election commission has accused the ex-premier of levelling “baseless allegations” against the ECP and its chief in his addresses on July 18, 21, 27, August 4 and 10.

Today’s hearing

During the course of proceedings, the bench remarked that the election commission requested to transfer the cases pending in different high courts to one high court.

The ECP was of the opinion that they should prepare for local and general elections or had to fight cases in different courts, it added.

The chief justice said that the ECP also presented a judicial precedent of merging cases with the order of the Supreme Court. The Election Commission is relying on Article 186A, he added.

He asked the ECP counsel whether there was a precedent of the Supreme Court to merge the cases of different high courts. At this, the lawyer said that the top court ordered the consolidation of income tax cases pending in various high courts in 1999.

(L tor R) PTI leaders Asad Umar, chairperson Imran Khan, and Fawad Chaudhry. — AFP/File
(L tor R) PTI leaders Asad Umar, chairperson Imran Khan, and Fawad Chaudhry. — AFP/File

Upon this, the CJP said that clubbing of cases pending in different high courts must have the same point of law. He asked who were the petitioners in contempt of election commission cases in the high courts.

The counsel replied that PTI leaders Khan, Chaudhry, and Umar had filed cases against the election commission in the different high courts.

Justice Malik said that the Supreme Court, in the PEMRA cases, had declared that the high court cases would continue and would not be clubbed.

But Justice Minallah said that the Supreme Court had clubbed all the cases of the high courts in the Hajj assistants case.

The ECP counsel said that cases of the same nature would have conflicting judgments in different high courts.

Justice Malik said that the apex court would decide when the conflicting decisions are challenged before the Supreme Court.

The Chief Justice asked under which constitutional authority did the Supreme Court order clubbing of cases pending in the different high courts.

The counsel then said that the injunctions of the high courts in the contempt of election commission case had also been challenged in the Supreme Court.

The court directed the ECP petitions against the injunction of the high courts should also be fixed with this case.

Subsequently, the hearing of the case was adjourned for two weeks.

Petition

The ECP, in its petition, had stated that it had issued contempt notices to PTI chief Khan as well as other party leaders, including Umar and Chaudhry in the months of August and September.

However, these notices were challenged in high courts.

The ECP noted that under Section 10 of the Election Act, 2017, it had the authority to initiate contempt proceedings being a constitutional body.

The commission further stated that Khan and Chaudhry had challenged the contempt notices before the Lahore High Court’s Rawalpindi bench, while Asad Umar had challenged it before the Sindh High Court.

Another one was challenged before the Islamabad High Court.

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Reaction to the PTI protest call by Fazlur Rehman

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Maulana Fazlur Rehman, speaking on a private television station, said that the PTI is always coming to the streets, which really lessens the impact of a protest.

He also suggested to the PTI leadership that rather than carrying on with the agitation, it should finally put a hard hand down, which would be the final nail in the coffin.

He continued, citing the JUI protests as an example, saying, “We had a strong grip over our protesters and workers, so neither road was closed nor any property damage occurred during protests.”

The PTI has the right to protest, but Maulana Fazlur Rehman described the party’s agitation strategy as insufficient, stating that it is currently being “exposed which maynot be a good sign’.

Ali Amin Gandapur, the chief minister of Khyber Pakhtunkhwa, promised not to go back home unless the PTI founder was freed. During their demonstration, Imran Khan’s wife, Bushra Bibi, encouraged the party officials to come up with strategies to avoid being arrested.

According to an alleged audio recording, she stated that November 24 will be a loyalty test for PTI members.

Additionally, the government of Islamabad has enforced section 144 for a period of two months, which prohibits processions, rallies, demonstrations, and meetings of five or more individuals in the city.

As per the notification, the prohibition forbade meetings in any public space inside the boundaries of Islamabad, including the Red Zone, which encompasses important government buildings, diplomatic missions, and other sensitive sites.

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PTI representatives conjecture in the media over Imran’s approval of bail: FIA investigator

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The hearing on the PTI founder’s bail application in the Toshakhana-2 case has resumed at the Islamabad High Court (IHC), with Justice Mian Gul Hasan Aurangzeb serving as the presider.

The hearing was attended by the defense attorney, Barrister Salman Safdar, and FIA prosecutor Zulfiqar Abbas Naqvi.

Judge Mian Gul Hasan Aurangzeb told the FIA prosecutor to “leave the media alone and exempt yourself from them” in order to avoid commenting on the media. The statement followed the prosecutor’s assertion that the bail would be granted, which had previously been reported by media sources.

In addition, the court questioned whether the receipts in question were issued in the name of Bushra Bibi or the PTI founder itself. Bushra Bibi’s name was on the receipts listed in the challan, according to Barrister Salman Safdar.

Defense arguments
The defense expressed displeasure about the case’s 3.5-year registration wait. The prosecution has swore in Sohaib Abbasi and made Inamullah Shah a crucial witness without requiring them to take an oath.

Barrister Salman Safdar highlighted that multiple agencies, including NAB, FIA, Police, and the Election Commission, have initiated actions related to the Toshakhana case, suggesting procedural redundancy.

Regarding a phony Toshakhana receipt, he contended, the Kohsar Police Station has also filed a case.

Position of the prosecution
The FIA prosecutor, Umair Majeed Malik, maintained that the valuation of the jewelry set mentioned in the case would be explained in the prosecution’s evidence.Justice Mian Gul Hasan Aurangzeb remarked, “If the media does not spread sensationalism, how will they conduct their business?” He dismissed rumors about his health, stating that he was present and hearing the case despite such reports.

Status of Co-Accused
The court was informed that Bushra Bibi, a co-accused in the case, is currently on interim bail and awaiting a decision by Judge Afzal Majuka. Barrister Salman Safdar expressed hope that Judge Majuka would soon announce his verdict.

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Naqvi visits Fazl to express gratitude for contributions to the 26th amendment.

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Federal Interior Minister Mohsin Naqvi convened with Jamiat Ulema-e-Islam Fazl (JUI-F) leader Maulana Fazlur Rehman to deliberate on issues of shared concern and the current political landscape in the nation.

In today’s meeting in Islamabad, Mr. Naqvi asked about Maulana Fazlur Rehman’s health and sent his best wishes for the JUI chief’s well-being and future pursuits.

Naqvi extended his appreciation to Maulana Fazlur Rehman for his crucial contribution to the enactment of the 26th Constitutional Amendment, which he characterised as a significant milestone in Pakistan’s legislative history.

Following the meeting, Naqvi commended Mr. Fazlur Rehman’s commitment to the nation, asserting, “Maulana Fazlur Rehman has consistently prioritised Pakistan’s interests, and his contributions to the country are indispensable.”

The experienced politician reaffirmed his dedication to Pakistan and its populace, stating, “Our priority has consistently been Pakistan and the well-being of its citizens.”

Senator Kamran Murtaza attended the meeting.

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