LHC cancels hearing of Imran’s plea against jail trial in ECP contempt case
The Lahore High Court will not hear former prime minister and PTI founder Imran Khan’s plea against his jail trial in a contempt case by the Election Commission of Pakistan (ECP) today, reported 24NewsHD TV channel.
The Lahore High Court on Friday cancelled the cause list due to the absence of Justice Aalia Neelum.
A three-judge bench under the head of Justice Neelum was supposed to hear Imran Khan’s plea today.
On Dec 9, Imran Khan challenged before the LHC the proceedings of the contempt of election commission case and its jail trial.
The petition was submitted by his lawyers Salman Akram Raja and Barrister Samir Khosa. The petition made the federal government, the Election Commission of Pakistan, and the Adiala Jail superintendent parties.
It pleaded that the ECP had failed to appreciate that a jail trial would violate several fundamental rights of the petitioner, adding that the ECP incorrectly held that it could order a trial in secret and in jail.
It said that the ECP failed to appreciate that unless a specific power is granted under a statute authorising it to conduct proceedings in jail, there is no inherent power to conduct proceedings in this manner.
It claimed that the ECP failed to take into account that a jail trial is a violation of Article 10-A of the constitution, which guarantees the right to fair trial and due process of law.
The petition asked the court to set aside the ECP decision and direct it to hold an open and public trial with full access to his legal team, media, and public.