ISLAMABAD: The Supreme Court “allowed” the Election Commission of Pakistan (ECP) to continue its proceedings against former prime minister Imran Khan, and two top members of his party, Asad Umar and Fawad Chaudhry, in cases involving the alleged contempt of Sikandar Sultan Raja, the chief election commissioner.
A three-member bench headed by Chief Justice Umer Ata Bandial and comprising Justice Ayesha A Malik and Justice Athar Minallah heard the ECP petition seeking transfer and consolidation of cases filed by the PTI with different high courts challenging its contempt notices.
During the hearing, the SC asked ECP to continue contempt proceedings against PTI chief Imran Khan, Fawad Chaudhry and Asad Umar.
“ECP should decide on objections raised by PTI according to law,” said SC and added, “Sindh and Lahore High Courts did not stop ECP from contempt proceedings against Imran and others.”
“The election commission is a constitutional body, how could a stay order be given on its proceedings,” SC questioned.
The leadership of the opposition party, most notably Khan, have been criticising the “partisan” conduct of the commission and Raja since its government was removed in April. Khan, in particular, has criticised Raja, describing him as a “puppet” of the ruling Pakistan Democratic Movement (PDM) alliance and “biased” against his party.
The party has repeatedly demanded Raja step down, saying it cannot trust the results of polls conducted under his leadership.
Following numerous instances of Khan targeting the commission in his speeches, the ECP in August issued notices to the three over passing “inappropriate remarks” and levelling allegations against the commission and its members.
It said Khan had used “insulting and indecent language” against Raja in rallies on July 12, 18, 21, 27, August 4 and 8.
According to the Election Act 2017, Section 10 titled “Power to punish for contempt” states the “election commission may exercise the same power as the high court to punish any person for contempt of court and the Contempt of Court Ordinance, 2003 (V of 2003), or any other law pertaining to contempt of court shall have effect accordingly.”
The PTI leadership had also sought from the high courts a declaratory relief from the charges.
At a previous hearing, a three-judge bench — headed by Chief Justice Umar Ata Bandial and comprising Justice Athar Minallah and Justice Ayesha A. Malik — had directed the high courts hearing petitions filed by the PTI against the commission to quickly decide on the matter.
The seven-page document issued Tuesday said the proceedings initiated by the electoral body under Section 10 of the Election Act, 2017, against the respondents “have been allowed to continue”.
“But ECP has been hereby restrained from passing final orders under the said section,” it added.
The order highlighted the high courts had not stopped the commission from proceeding in the matter initiated by it and the respondents had raised objections about the “alleged incompetence” of the officer who had issued the show cause notices.
“As these objections have been raised in the pending proceedings under section 10 before the ECP, the same are required to be considered and decided by it before passing any final order.
“We hold that the petitioner [ECP] may continue its proceedings in accordance with law including, by decisions on the objections raised on behalf of the respondents,” it added.
