Fawad Ahmed vs Election Commission of Pakistan through Chief Election Commissioner art

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Fawad Ahmed VS Election Commission of Pakistan through Chief Election Commissioner art. 13---Criminal Procedure Code (V of 1898), S. 403---Elections act (XXXIII of 2017), S. 10---Contempt proceedings and registration of FIR---Double jeopardy, principle of---Scope---Petitioner (former Member of National assembly) apparently made certain statements, on the basis of which, Election Commission of Pakistan (ECP) issued contempt notice, and later, rejecting his objection subsequently issued Show-Cause Notice to him; an FIR had also been lodged against him relating to said statements---Petitioner filed constitutional petition challenging both the notices issued by the ECP---Petitioner agitated the plea of 'double jeopardy' against contempt proceedings initiated by the ECP on the basis that the proceedings in the FIR were already being conducted against him---Validity---Initial condition for applying the principle of double jeopardy under art. 13 of the Constitution is that no person will be tried for an offence on the same set of facts, on which, he has already been acquitted or convicted---For applicability of the rule 'autre fois acquit', essential conditions to be satisfied are that: there must have been a trial of the accused for the offence charged against him; the trial must have been by a court of competent jurisdiction; there must have been a judgment or order of acquittal; the parties in the two trials must be the same and fact-in-issue in the earlier trial must be identical with what is sought to be re-agitated in the subsequent trial---Fresh prosecution for same offence is barred only where prosecution is finally concluded and ends either in acquittal or conviction---Protection against double jeopardy has been provided against double punishment and not the trial of the offence---Mere lodging of FIRs would not attract rule of double jeopardy and concept of double jeopardy is attracted where accused had been tried for the offence charged in the competent court and there is judgment of conviction or acquittal---In the present case, since no conviction or acquittal had been recorded against the petitioner in the trial faced by him in the case under the provisions of Pakistan Penal Code, it could not be said that art. 13 of the Constitution or S.403 of the Criminal Procedure Code, 1898, shall come into play and would make the contempt proceedings barred under the law---Thus, the plea of 'double jeopardy' was not available to the petitioner, at least at present stage---Election Commission of Pakistan elaborately dealt with the objections raised by the petitioner in reply to the notice and passed a well-reasoned order, which did not suffer from any illegality or jurisdictional defect---Constitutional petition, being merit-less, was dismissed, in circumstances.

Fawad Ahmed vs Election Commission of Pakistan through Chief Election Commissioner art — 2025 MLD 642 ISLAMABAD

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