LHC Rejects Urgent Plea to Halt Jail Trial for PTI Ex-Chairman
Lahore, The Lahore High Court conducted a hearing on a petition challenging the decision to conduct a jail trial for the alleged contemptuous remarks against the former Chairman of Pakistan Tehreek-e-Insaf (PTI) in the Election Commission.
During the proceedings, the court dismissed an urgent request seeking an injunction to halt the jail trial. Instead, the court issued notices to the Election Commission and other relevant parties, seeking their responses to the petition. The petitioner raised objections to the jail trial notification issued by the Home Department on December 8, arguing against the jurisdiction of Adiala Jail in Rawalpindi, which falls under the jurisdiction of Islamabad and Rawalpindi.
The three-member bench, led by Justice Alia Neelam, heard the case, and the petitioner's counsel informed the Full Bench about the details of the jail trial notification issued by the Home Department. The petitioner's legal representative, Ishtiaq Chaudhry, clarified that certified copies were not provided due to reliance on copies obtained from the website.
Justice Alia Neelam raised a procedural objection, stating that the case could not proceed until certified copies were attached. Responding to this, Ishtiaq Chaudhry explained the source of the copies and expressed the petitioner's position.
The court questioned its jurisdiction against the Election Commission's order in Islamabad, to which the lawyer for the ex-Chairman PTI argued that the Lahore High Court had the authority to hear the case. The court suggested approaching either Islamabad High Court or Lahore High Court Rawalpindi for a more appropriate venue.
The petitioner's lawyer highlighted a similar case referred by the Rawalpindi bench to the principal seat due to the unavailability of judges. Justice Alia Neelam clarified that federal cases could be challenged in a provincial court.
The lawyer contended that the Election Commission lacked the power of contempt and jail trial, asserting that indictment proceedings against the founder of PTI had commenced and would be filed soon.
Justice Alia Neelam sought clarification regarding the jail trial notification, expressing surprise at the ongoing trial without a formal notification. In response, the lawyer affirmed the absence of an official notification but maintained that the jail trial was underway.
Justice Shahram Sarwar directed the Election Commission to update the bench on the issuance of the jail trial notification. The court adjourned the hearing for further proceedings.
