Islamabad: The Islamabad High Court has issued a written decision declaring the jail trial against former federal minister Fawad Chaudhry in the contempt of Election Commission case void, stating that a jail trial without solid justification is unconstitutional.
Justice Saman Rafat Imtiaz of the Islamabad High Court issued a 27-page written decision, stating that the right to a fair trial requires that the hearing of the case against the petitioner be conducted in an open court.
The decision stated that the orders for a jail trial deprive the petitioner of their fundamental rights, and holding a jail trial without any solid justification is unconstitutional.
On this basis, the high court nullified the orders and notifications of the Election Commission for a jail trial, stating that the contempt proceedings of the Election Commission held in jail are contrary to a fair trial due to the lack of an open court.
Justice Saman Rafat, in her decision, stated that the contempt proceedings of the Election Commission held in jail are deemed ineffective due to being contrary to a fair trial, and the petitions against Fawad Chaudhry’s jail trial in the contempt of Election Commission case are accepted.