ISLAMABAD: PTI Chairman Imran Khan, who is incarceration in Adiala jail, on Thursday wrote a letter to Chief Justice of Pakistan (CJP) Qazi Faez Esa, requesting the top judge to protect the party’s fundamental rights.
The PTI has alleged that it is being stopped from carrying out political activities in the run up to the general election and several of its leaders are incarcerated following violence in the country on May 9.
Earlier this month, President Arif Alvi had also written a letter to interim Prime Minister Anwaarul Haq Kakar and raised the PTI’s concerns regarding the “erosion of fundamental rights and a level playing field for all political parties”.
In a seven-page letter, Imran Khan urged the apex court to safeguard his party’s “right to liberty, to associate, assemble and speak” as guaranteed under the Constitution.
“This denial of fundamental rights does not assume the colour of lawful due process only because the power to arrest and prosecute available to the state is the chosen weapon of assault,” read the letter.
Imran highlighted that the power to prosecute and arrest was being used in a blatant attempt to “engineer and skew the political landscape of the country”.
He said anyone who was associated with PTI was being targeted through multiple criminal cases to keep them imprisoned, adding that new cases were lodged against party leaders after they received bail.
“Often several first information reports (FIRs) are registered against persons affiliated with the PTI in respect to the same event,” the letter read. “The same persons are also implicated in successive FIRs […] across the country.”
Decrying that “a fresh wave of state oppression” was unleashed against PTI, Imran said undisclosed FIRs and police reports were kept “in reserve” to re-arrest any bailed-out person affiliated with PTI.
“This is a situation that demands judicial notice […],” the letter read. “It would however be abdication of judicial responsibility to deny the facts and to assume that we are living through normal times.”
Imran said judges could not turn a blind eye to the reality “even though justice may be blind”. He added that the Supreme Court could not be unaware of the disappearances of people affiliated with the PTI or its 2018 government.
“These persons have re-appeared and made press conferences that are clearly tutored,” he said.
He also said there was “no possibility” of fair and free general elections on Feb 8 if the Supreme Court did not intervene to halt the widespread arrests and abductions of party leaders and workers.
“The fact the political landscape is being set up through coercion […] to favour one set of political actors that have the blessings of the powers that be against the PTI […] is breeding disgust in a large number of Pakistanis, not restricted to the supporters of PTI,” he said.
Imran also said that print and electronic media were being coerced to generate “tutored content and opinions”.
“The targets and the beneficiaries of this coercion have changed from time to time but the ability of the powers to be coerce and overwhelm the constitutional process has remained a menacing constant,” he said.
“In view of the foregoing, it is respectfully prayed that the apex court of the country may kindly exercise the power available to it to ensure the enforcement of fundamental rights and to grant to the people of Pakistan justice” by issuing certain orders, he said.
He called for the SC to issue orders for halting the “practice of successive arrests of persons granted bail in known cases” and to set up a commission to probe the disappearances of journalists and political workers.
Imran also urged the top judge to direct the federal government, the provincial governments, and Election Commission of Pakistan to ensure the PTI was allowed to carry out political meetings and gatherings without any discrimination.
He also asked to ensure the Pakistan Electronic Media Regulatory Authority allowed coverage for PTI leaders without any discrimination.
ECP hints at jail trial in contempt case against Imran
Meanwhile, the Election Commission of Pakistan (ECP) on Thursday hinted at conducting the trial of former prime minister Imran Khan in a contempt case at Adiala Jail, where he is incarcerated, citing a report submitted by the interior ministry. The development follows Imran’s hearings in the Toshakhana, cipher, and Al-Qadir Trust cases already being conducted at jail premises due to security concerns.
The ECP had initiated contempt proceedings against the PTI chief, former party leader Asad Umar and former information minister Fawad Chaudhry last year for allegedly using “intemperate” language against the chief election commissioner and the electoral watchdog.
However, instead of appearing before the ECP, the three had challenged the ECP notices and contempt proceedings in various high courts on the grounds that Section 10 of the Elections Act 2017, which is the statutory provision regarding the commission’s power to punish for contempt, was against the Constitution. The PTI leaders had also sought from the high courts a declaratory relief from the charges.
But in January, the Supreme Court allowed the ECP to continue proceedings against Imran, Chaudhry and Umar, and on June 21, the ECP decided to frame charges against the trio, which is yet to be done.
During today’s hearing, ECP member from Sindh Nasir Durrani told Imran’s counsel Shoaib Shaheen that the interior ministry had submitted a report that said that Imran could not be presented and proposed that the commission send a team to jail to indict him.
The ECP is yet to make a final call on the report of the ministry, which was forwarded to the commission and other relevant ministries under the standard operating procedure.
At the outset, Shaheen conveyed that the order from the last hearing had not been provided to him.
Durrani responded by saying, “The interior ministry submitted a report, highlighting that Imran could not be presented due to the current circumstances. It is said that a jail trial can be conducted.”
Shaheen urged the commission to share the report “if it is a routine report.”
Durrani assured him of providing a copy of the report and mentioned that it suggested the commission visit the jail to indict Imran. The case has been ongoing for around one-and-a-half years, he added.
At this, Imran’s lawyer expressed concern, stating that the jail trial of a leader of a top political party sent the wrong message.
Meanwhile, ECP member from Balochistan, Shah Muhammad Jatoi, stressed that the commission would focus on the law and not the accused.
He cautioned against making statements against the commission, saying, “Please do not make such statements before the commission; you were previously making statements against the same commission.”
Separately, Asad Umar also made an appearance before the ECP in the same case. The electoral watchdog questioned Umar about his repeated failure to appear before the commission.
“I have appeared before the ECP the most,” Umar responded, adding that he had also quit politics. In response, one of the ECP members stated, “You can continue politics.”
“I am grateful to you, but I’ve quit politics,” the former PTI leader reiterated. Umar then submitted his written response to the ECP.
Following the arguments, the commission adjourned the hearing until December 6.
Talking to Dawn.com after the hearing, Shaheen stated that he had urged the ECP to provide one or more reports the commission had received regarding a jail trial of the contempt case.
He highlighted that the ECP had specific mandated roles and could not operate in the same manner as a court.
Shaheen said he had sought copies of the interior ministry’s report to build his argument against the proposal for a jail trial for the former premier.