SC allows ECP to continue Imran contempt case

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2023-01-04T06:58:40+05:00 SHAHID RAO

ISLAMABAD            -          The Supreme Court of Pakistan Tuesday permitted the Election Commission of Pakistan (ECP) to continue contempt proceeding against Pakistan Tehreek-e-Insaf (PTI) chairman Imran Khan, general secretary Asad Umar and former information minister Fawad Chaudhry. A three-member bench of the apex court headed by Chief Justice Umar Ata Bandial issued four-page written order of its proceedings, which was held on December 6, 2022. According to apex court’s order, “Proceedings initiated by the electoral body under Section 10 of the Election Act, 2017, against the respondents have been allowed to continue.” It added: “But the ECP has been hereby restrained from passing final orders under the said section.” The order highlighted that the high courts had not stopped the commission from proceedings 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. It further said that as these objections have been raised in the pending proceedings under section 10 before the commission, the same are required to be considered and decided by the ECP 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. The order also maintained that the operation of a statutory provision must not be interrupted by a court of law. “[…] unless a statute or statutory provision is finally declared to be ultra vires the Constitution, its normal operations can be curtailed by an interim order.” Subsequently, the top court disposed of the ECP’s petition. During August and September last year, the ECP had issued contempt notices, in exercise of its powers of contempt, against PTI chief Imran Khan and party leaders Asad Umar, Fawad Chaudhry, Mian Shabbir Ismail and Danial Khalid Khokhar for allegedly using ‘intemperate’ language against the chief election commissioner and ECP, asking them to appear in person or through their counsels before the commission to explain their position. However, instead of appearing before the ECP, the PTI leaders challenged in various high courts the ECP notices and contempt proceedings on the grounds that Section 10 of the Elections Act 2017.

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