ISLAMABAD - Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan on Tuesday moved the Islamabad High Court (IHC), challenging the Election Commission of Pakistan (ECP)’s decision to initiate contempt proceedings against him in the foreign funding case.

The PTI chief moved the petition through his counsel Babar Awan, citing the ECP chief and Akbar S Babar, the main petitioner in the PTI foreign funding case, as respondents.

He has contended that Babar filed a petition before the ECP against the PTI through its chairman while his counsel submitted a written reply before the ECP purely based on legal as well as constitutional points in due course of law.

Babar Awan said that later, the ECP decided to initiate contempt proceedings against his client through its order of August 10, 2017.  The PTI counsel has contended that the ECP did not have the jurisdiction to issue a notice or conduct contempt proceedings against the party in the foreign funding case, however, the ECP on August 10 ruled that it has the jurisdiction to hear contempt proceedings and issued a notice to the PTI chief.   The PTI counsel contended that the ECP has no right to power to initiate contempt proceedings under article 204 of the Constitution. 

He said that previously, the power of contempt of court to the Election Commission was provided through section 103-A of Representation of Peoples Act 1976 wherein this is clearly mentioned that the rules under contempt of court 1976 are applicable.  He said that the court Act 1976 was repealed by the Contempt of Court Ordinance 2003, and all contempt of court proceedings in the country are carried out under/through this ordinance.  The petitioner has prayed to the court to set aside the impugned order of ECP of August 10 and all other consequential or contempt related proceedings against Khan.