The Supreme Court (SC) on Tuesday allowed the Election Commission of Pakistan (ECP) to continue its proceedings against former premier Imran Khan, and PTI leaders Asad Umar and Fawad Chaudhry, in cases related to the contempt of the electoral body.
\nAccording to media reports, the orders were passed by a three-member SC bench, headed by Chief Justice Umar Ata Bandial and comprising Justice Athar Minallah and Justice Ayesha A Malik, on the ECP\u2019s petition.
\nThe ECP had during August and September last year 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 \u201cintemperate\u201d language against the chief election commissioner and ECP and asked them to appear in person or through their counsels before the commission to explain their position.
\nHowever, 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, which is the statutory provision regarding the commission\u2019s power to punish for contempt, was against the Constitution.
\nThe PTI leaders had also sought from the high courts a declaratory relief from the charges.
\nLater, a petition was moved through Advocate Sajeel Sheryar Swati on behalf of the ECP with a request to order consolidation of all six petitions before one high court instead of defending the commission\u2019s stance over the issuance of contempt notices against PTI leaders in different high courts.
\nAt the previous hearing, the top court had directed the high courts hearing petitions filed by the PTI against the ECP to quickly decide on the matter.
\nThe seven-page document issued today, said that the proceedings initiated by the electoral body under Section 10 of the Election Act, 2017, against the respondents \u201chave been allowed to continue\u201d.
\nThe order highlighted that the high courts had not stopped the commission from proceeding in the matter initiated by it and the respondents had raised objections about the \u201calleged incompetence\u201d of the officer who had issued the show cause notices.
\n\u201cAs 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.
\n\u201cWe 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,\u201d it added.
\nThe order also maintained that the operation of a statutory provision must not be interrupted by a court of law. \u201cUnless a statute or statutory provision is finally declared to be ultra vires the Constitution, its normal operations can be curtailed by an interim order.\u201d
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