SHC restrains ECP from decision in contempt case

KARACHI: The Sindh High Court (SHC) on Monday extended restraining order to the election commission from decision against Asad Umar and others in contempt case, ARY News reported.

A bench of the high court heard petition of PTI leader Asad Umar against election commission contempt case today.

“Asad Umar had appeared before the election commission and submitted his reply over the ECP contempt notice,” Umar’s counsel told the bench.

“The election commission has rejected his reply to the notice and now going to frame charges against him and others,” counsel further said.

“The Commission is not a court to indict someone,” PTI leader’s lawyer argued. “Section 10 of the Election Commission Act 2017 has been unconstitutional. The election commission is not a court of law or tribunal,” Umar’s counsel argued. “Article 204 of the constitution not applied over the election commission,” the lawyer said.

No election commission officer appeared in the case on the court order.

The bench extended its restraining order against the ECP’s decision on the matter and adjourned further hearing until Oct. 31st.

Recently the ECP had filed a constitutional petition with the Supreme Court to transfer all its contempt cases against PTI leaders from different high courts to a single one.

The commission argued that it had issued contempt notices to PTI chairman Imran Khan as well as party leaders Asad Umar, Fawad Chaudhry in August and September month. However, these notices were challenged in high courts.

The ECP noted that under Section 10 of the Election Act, 2017, it had the authority to initiate contempt proceedings being a constitutional body.

The commission stated that the PTI chairman and Fawad Chaudhry had challenged the contempt notices before the Lahore High Court’s Rawalpindi bench.

Umar, on the other hand, challenged it before the Sindh High Court. Another one challenged it in the Islamabad High Court (IHC).

The Election Commission of Pakistan (ECP) argued that instead of wasting time and unnecessarily burdening the national exchequer, the prudent move was to transfer all these cases to a single high court.