livelawpk.com - In a landmark ruling, the Islamabad High Court has set aside

The Provisions of the Criminal Procedure Code (Cr.P.C.) apply to Contempt Proceedings conducted by the ECP --- Islamabad High Court, Islamabad

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The Provisions of the Criminal Procedure Code (Cr.P.C.) apply to Contempt Proceedings conducted by the ECP --- Islamabad High Court, Islamabad

Islamabad 29-07-2024: In a landmark ruling, the Islamabad High Court has set aside orders by the Election Commission of Pakistan (ECP) that mandated contempt proceedings against Chaudhary Fawad Ahmed to be conducted in Adyala Jail, Rawalpindi. The court declared these orders and subsequent notifications as void, highlighting the violation of the constitutional right to a fair trial.

Chaudhary Fawad Ahmed, a law practitioner and former member of the National Assembly, filed two writ petitions challenging the ECP's decision to hold contempt proceedings against him in jail. The petitioner argued that these orders infringed upon his fundamental right to a fair trial and public hearing, as guaranteed by Article 10-A of the Constitution.

The court examined the maintainability of the writ petitions, citing the jurisdictional precedents set in cases like “Lieutenant General (R) Salahuddin Tirmizi vs. Election Commission of Pakistan” (PLD 2008 SC 735). It affirmed its authority to hear the petitions despite similar cases pending before the Lahore High Court, Rawalpindi Bench.

The Court underscored the importance of a fair trial and public hearing, as enshrined in Article 10-A of the Constitution. It emphasized that trials must be conducted in open court to ensure transparency and public confidence in the judicial process.

While the ECP has the authority to conduct contempt proceedings, it must do so within the bounds of the law and respect the accused's rights. The Court found that the ECP's decision to hold proceedings in Adyala Jail lacked sufficient justification and was prejudicial to the petitioner's rights.

The judgment clarified that the provisions of the Criminal Procedure Code (Cr.P.C.) apply to contempt proceedings conducted by the ECP, to the extent that no specific or sufficient provision exists within the Elections Act and its rules.

The Court highlighted that the discretion to hold trials in jail must be exercised sparingly and with caution. It ruled that the ECP failed to provide tangible reasons for choosing Adyala Jail as the venue, which did not meet the requirements for a fair and open trial.

The Islamabad High Court set aside the ECP's orders dated November 30, 2023, and December 12, 2023, as well as the related notifications. It directed that the contempt proceedings against Chaudhary Fawad Ahmed be conducted in open court, ensuring adherence to the principles of a fair trial.

This ruling reinforces the judiciary's commitment to upholding constitutional rights and ensuring transparency in legal proceedings. It serves as a significant reminder to administrative bodies about the importance of adhering to legal procedures and respecting the fundamental rights of individuals.

The decision is expected to impact how contempt proceedings are conducted in the future, ensuring that they are carried out in a manner that upholds the principles of justice and fairness.

Summary

The Islamabad High Court invalidated the ECP's orders to conduct contempt proceedings against Chaudhary Fawad Ahmed in Adyala Jail, citing violations of his constitutional right to a fair trial. The Court emphasized the necessity of open court trials to ensure transparency and public confidence. The judgment clarified that the Criminal Procedure Code applies to such proceedings unless specific provisions exist in the Elections Act.