Violating ECP code: IHC issues stay order in favour of Imran

ISLAMABAD: An Islamabad High Court (IHC) single bench, for the second time, has issued a stay restraining Election Commission of Pakistan (ECP) from issuing judgment in a matter where Pakistan Tehreek-e-Insaf (PTI) chairman is allegedly an accused of violating ECP’s election code of conduct by participating in the election campaigns of by-elections in Punjab.

ECP on February 6, 2017 had issued notices to Imran Khan for the violation of election code of conduct. Earlier IHC bench comprising Justice Aamir Farooq had issued a stay order in this matter on May 4, 2017 but later on it was vacated last year due to the absence of the petitioner and his counsel due to their non appearance before the court.

In today’s hearing Imran Khan’s Counsel Babar Awan advocate appeared and requested the court to issue stay order that the court granted. Under the election code-of-conduct by ECP, President, Prime Minister, Federal/Provincial Ministers, MNAs and MPAs could not participate in the election campaigns during by-elections.

PTI Chairman Imran Khan challenged the ECP notifications regarding restrictions on political party heads, MNAs, MPAs to participate in the election campaign for by-elections and consequential proceeding against him for the violation of the said notifications.

Legal counsel for Imran Khan, Babar Awan advocate had been arguing before the court that under the Constitution no unreasonable restriction could be imposed on a person and any restriction should be according to law. This restriction is only Imran Khan-specific as the treasury benches through announcement of development project could campaign for the same. ECP notifications were violation of the fundamental rights and Article 15, 16, 17 and 19 of the Constitution of Pakistan.

In his petition, Chairman PTI has cited ECP through its Chairman and Director General (Elections) of ECP as respondent. The petitioner said that being head of a political party he addresses different campaigns for by-elections throughout the country and it is his right guaranteed under article 16 of the Constitution of Pakistan regarding peaceful assembly.

Imran Khan said that he and his party “has a commendable record of holding peaceful and unarmed rallies, sit-ins for an unprecedented period of marathon 126 days, which proves the fact that the petitioner and his party Pakistan Tehreek-e-Insaf believe in supremacy of law, Constitution of 1973 of the Islamic Republic of Pakistan and public order”.