Electioneering: IHC bars ECP from action against PM Imran Khan, minister

ISLAMABAD: The Islamabad High Court (IHC) on Monday sought arguments from respondents on April 6 and barred the Election Commission of Pakistan (ECP) from taking action against Prime Minister Imran Khan and Federal Minister Asad Umar till the next date.

During the proceedings, the ECP lawyer argued that the President, the Prime Minister, the Senate chairman and ministers were not allowed to participate in election campaigns. He said a public office holder could visit their constituency but they were not authorised to participate in an election campaign. Justice Aamer Farooq remarked that the ECP should have cited laws which had been violated by the petitioners.

Addressing the ECP lawyer, the court noted that it had not served notices on public office holders on violation of the code of conduct. The court said it had to view whether the ECP notices could be upheld or not. It observed that if a campaign was run from expenditures from the national exchequer, then it also had consequences. Addressing the Attorney General for Pakistan, the court said the ECP had accused the public office holders of using government resources. The court asked the petitioners to submit its answer to the ECP. Attorney General for Pakistan Khalid Jawed Khan said the ECP had no authority to turn down an ordinance.

The court asked whether the code of conduct developed by the ECP could be terminated through an ordinance? The AGP said an identical matter had been pending with the Supreme Court. He also read the decision before the bench. Khalid Jawed said that a prime minister couldn’t remain impartial as he participates in political activities. How the star performer could be separated in a parliamentary form of government, he asked.

The AGP said the Prime Minister had given written instructions that he would bear expenditure of his political activities from his own pocket. “We have never heard earlier that the ECP had stopped a prime minister from travelling Sawat for a political procession,” he said, adding the head of government couldn’t be stopped by the ECP.

He said that the ECP was serving notices on the Prime Minister along with fine while the next phase was about disqualification. He prayed the court to stop the ECP from further action till the judgment in the case. He said a notice was served on a public office holder in Mangora and he was asked to appear before the ECP on the same day. When a lawyer appeared to take time from the ECP, fine is imposed on the public office holder, he said.

Prime Minister Imran Khan and Federal Minister Asad Umar had challenged notices and fine by the ECP before the IHC. They contended that legislation had been introduced allowing public office holders to participate in election campaigns. The ECP had no authority to serve notices after the amendment to the law, they argued.