Contempt proceedings initiated against Asad Umar lawful, ECP tells SHC

The contempt proceedings have been initiated against Pakistan Tehreek-e-Insaf General Secretary Asad Umar under the lawful authority in response to his intemperate, unparliamentary language and contemptuous remarks against the Election Commission of Pakistan (ECP), the commission told the Sindh High Court on Monday.

Filing comments on a petition filed by the PTI leader, the provincial election commissioner said the ECP was not exercising jurisdiction as a court or a tribunal, but it was rather using its own statutory powers for punishment over contempt of the commission and its commissioners.

The election officer said the exercise or grant of powers to the commission to punish somebody for its contempt does not in any manner affect or prejudice the jurisdiction or authority of the superior courts.

Referring to the Supreme Court judgment on the constitutionality of the 21st constitutional amendment wherein military courts do not prejudice or affect the power or authority of the superior courts and remain subject to subservient to the jurisdiction of the superior courts, the ECP submitted that the ECP case is no different and it remains subject to the jurisdiction of the superior courts where any orders are passed by them.

The ECP pointed out that the Election Act grants the ECP an efficient and expedient mechanism to protect itself from contempt, adding that the mode and mechanism is for punishment of contempt provided under Section 10 of the Act, which provides elaborate procedure and ensures due process and right of free trial. The provincial election commissioner submitted that the ECP also challenged the interim order issued in favour of the petitioner in the Supreme Court and requested the court to dismiss the petition as not maintainable.

A division bench, headed by Chief Justice Ahmed Ali M Sheikh, after taking the comments of the ECP on record, directed the counsel to supply copies of the Supreme Court order on the appeal of ECP in the instant matter and adjourned the hearing till November 8.

The court also continued the interim stay order restraining the ECP from taking a final decision in contempt proceedings against PTI’s general secretary till further orders. Umar, who challenged ECP’s contempt notice, submitted that the ECP issued a notice on August 19, accusing him of using intemperate, unparliamentarily and contemptuous remarks against the commission and its officials, which is violative of the law. He pleaded that the Election Act 2017 does not give any jurisdiction to the ECP to act as a court or a tribunal, where it only says that it may exercise the power of the high court to punish any person for contempt of court. The court was requested to declare Section 10 of the Election Act 2017 is ultra vires of the constitution and declare that the impugned notice was beyond its jurisdiction and authority.