The Election Commission of Pakistan (ECP) has rejected a 'conditional' apology tendered by former Pakistan Tehreek-e-Insaf (PTI) spokesperson Fawad Chaudhry in a five-year-old case of contempt.
The decision was announced by a four-member commission headed by Chief Election Commissioner (CEC) Sikandar Sultan Raja. The decision was dated August 1, 2023, but emerged on Thursday.
The verdict noted that Fawad - who has left the PTI and joined the Istehkam-e-Pakistan Party (IPP) - appeared in person and submitted a written apology.
The apology read:
"Without prejudice to the legal exceptions and his legal and constitutional rights, in furtherance to his verbal statement before the learned Commission, the undersigned states as under;
That the undersigned was the spokesperson of PTI. The statements made basis of instant litigation were made as a party spokesperson and not in his individual capacity. The undersigned/ respondent holds all the institutions of Pakistan unto highest esteem and never intended to disrespect or disregard the Commission or The
Honourable Chief Election Commissioner.
Nevertheless, the respondent has resigned from the party position, therefore he seeks apology from the Commission and requests to drop the instant contempt proceedings, forthwith."
However, the Commission noted that per the law, apologies must be "unqualified, unreserved and totally unconditional."
Moreover, it stated that the apology should not seem to be tendered but should also demonstrate sincere and genuine remorse to the satisfaction of the court.
"At any event, a half-hearted or an apology in the nature of mere formality cannot be deemed as unconditional."
Finally, it stated that the contemnor should not endeavour to justify his conduct.
"The apology submitted by the respondent is not accepted," it said.
The Commission then fixed the matter for another hearing on August 15, 2023.
At the last hearing in late July, Fawad had focused on this point that what ever he had said about the ECP, the CEC and his wife, was in line with his party's policy at the time.
He then went on to request the ECP to "let the matter go", pointing out how he had apologised verbally.
Upon this, the ECP ordered him to submit a written apology before adjourning the hearing until August 1.
The decision was announced by a four-member commission headed by Chief Election Commissioner (CEC) Sikandar Sultan Raja. The decision was dated August 1, 2023, but emerged on Thursday.
The verdict noted that Fawad - who has left the PTI and joined the Istehkam-e-Pakistan Party (IPP) - appeared in person and submitted a written apology.
The apology read:
"Without prejudice to the legal exceptions and his legal and constitutional rights, in furtherance to his verbal statement before the learned Commission, the undersigned states as under;
That the undersigned was the spokesperson of PTI. The statements made basis of instant litigation were made as a party spokesperson and not in his individual capacity. The undersigned/ respondent holds all the institutions of Pakistan unto highest esteem and never intended to disrespect or disregard the Commission or The
Honourable Chief Election Commissioner.
Nevertheless, the respondent has resigned from the party position, therefore he seeks apology from the Commission and requests to drop the instant contempt proceedings, forthwith."
However, the Commission noted that per the law, apologies must be "unqualified, unreserved and totally unconditional."
Moreover, it stated that the apology should not seem to be tendered but should also demonstrate sincere and genuine remorse to the satisfaction of the court.
"At any event, a half-hearted or an apology in the nature of mere formality cannot be deemed as unconditional."
Finally, it stated that the contemnor should not endeavour to justify his conduct.
"The apology submitted by the respondent is not accepted," it said.
The Commission then fixed the matter for another hearing on August 15, 2023.
At the last hearing in late July, Fawad had focused on this point that what ever he had said about the ECP, the CEC and his wife, was in line with his party's policy at the time.
He then went on to request the ECP to "let the matter go", pointing out how he had apologised verbally.
Upon this, the ECP ordered him to submit a written apology before adjourning the hearing until August 1.