ISLAMABAD    -   The Islamabad High Court (IHC) on Monday issued notices to the Secretary President of Pakistan and the Attorney General for Pakistan (AGP) in a petition challenging the Election Amendment Ordinance 2022 and directed them to submit their response in this matter.

A single bench of IHC comprising Justice Aamer Farooq conducted a hearing of the petition moved by former Chairman of a UC Islamabad Sardar Mehtab Ahmed Khan. The bench deferred the hearing till March 15 for further proceedings after issuing the aforementioned directions.

The petitioner moved the court through his counsel Adil Aziz Qazi Advocate and cited President of Pakistan through his Secretary, Federation of Pakistan through Secretary Ministry of Law and Federation of Pakistan through Secretary Ministry of Information Broadcasting & National Heritage as respondents.

In his petition, he challenged the promulgation of Elections (Amendment) Ordinance, 2022 whereby certain amendments have been made into the existing Elections Act, 2017. He adopted that through the said ordinance, the respondents have tried to sneak amendments into the existing laws at the eleventh hour when only one day before promulgation of the ordinance, the Upper House of the Legislature was in session.

He added, “It appears that the respondents had already prepared the draft of the Ordinance and were waiting for the ongoing session to expire to avoid the due process of legislation.”

Petitioner’s counsel Adil Aziz informed the court that through the said Ordinance a new section namely 181(A) has been inserted in the Act which provides that a member of Parliament, Provincial assembly, or Local Government including member holding any other office under Constitution may visit public meetings in any area or constituency during the election campaign.

The counsel submitted that the Constitutional Scheme of Pakistan calls for establishment of democratic values that need to be promoted in the country which include the Freedom of Association and Expression embedded in the chapter of Fundamental Rights of the constitution.

He pointed out that the Constitution of Pakistan clearly indicates that democracy is embedded in the principles of liberty and freedom of expression, and any restriction over the said fundamental rights have to be reasonably imposed by the Legislature while considering the integrity, security or defense of Pakistan, public order, decency or morality or in relation to contempt of court, commission or incitement to an offence as the sole reasons to such restrictions.

He further said that no country can survive the authoritarian conduct of the governments where the people are subjected to imprisonment only for exercising their fundamental right to express themselves. He maintained that the amendment is a crude attempt by the respondents to browbeat their opponents during the elections process and the petitioner seeks intervention of this court for protection of fundamental rights of the people of Pakistan.

Therefore, he prayed to the court that the promulgation of the impugned Elections (Amendment) Ordinance, 2022 itself and the Ordinance be declared as ultra-vires to the entire scheme of Constitution of Islamic Republic of Pakistan 1973 and the fundamental rights of the people of Pakistan.