Prison Trial
LAHORE: Imran Khan, the former chairman of Pakistan Tehreek-e-Insaf (PTI) and ex-prime minister, has formally contested the Election Commission of Pakistan’s (ECP) decision to hold his contempt trial within Adiala jail. The case revolves around alleged derogatory remarks by Imran Khan against Chief Election Commissioner Sikander Sultan Raja during public appearances.
Imran Khan, through his legal representative Barrister Sameer Khosa, petitioned the court to annul the ECP’s order of November 30, 2023, directing the trial in Adiala jail due to unspecified security concerns. The former prime minister argues that conducting closed trials in prison violates fundamental rights and insists on a public trial in a regular court setting.
The petition seeks to restrain the Chief Election Commissioner (CEC) from initiating jail proceedings, issuing orders, or taking coercive measures against Imran Khan. The respondents include the federal government, ECP, Ministry of Law and Justice, Ministry of Interior, Superintendent of Adiala Jail, and Additional Inspector General (AIG) of Police (Operations).
Khosa contends that the ECP’s order lacks jurisdiction as the CEC does not possess inherent power to conduct proceedings in jail unless specifically authorized by statute. He argues that the CEC, being an executive agency, lacks judicial powers and cannot be considered a court under the constitution.
The petition challenges the reliance on the report from Superintendent Jail, emphasizing that the Election Act 2017 and the Contempt of Court Ordinance 2003 do not grant authority for jail proceedings. It asserts that the CEC has exceeded its authority by assuming power without a legal foundation.
Khosa argues that the constitutional framework safeguards citizens’ fundamental rights and prohibits arbitrary interference. The petition concludes that the alleged reliance on other proceedings in jail is not a justification for legality or acceptability, highlighting concerns about the denial of fundamental rights in the process.
Imran Khan’s legal challenge sets the stage for a critical examination of the ECP’s decision and its implications for the legal proceedings surrounding the contempt case.
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