Asad Umar challenges ECP’s contempt notice

Pakistan Tehreek-e-Insaf’s General Secretary Asad Umar on Saturday challenged the Election Commission of Pakistan’s contempt notice in the Sindh High Court.

Filing a petition in the SHC, PTI leader Asad Umar submitted that the ECP issued notice on August 19 accusing him of using of intemperate, unparliamentarily and contemptuous remarks against the Commission and its official, pleading that the Election Act 2017 does not give any jurisdiction to the Election Commission of Pakistan to act as court or tribunal, where it only says that it may exercise the power of the high court to punish any person for contempt of court.

He submitted that under Article 175 (2) of the Constitution, no court shall have any jurisdiction save as or may be conferred by the Constitution or by or under any law, adding that the Constitution being the prime supra, it cannot be violated by any subservient law in that any law, which violated the Constitution was void ab initio being ultra vires of the Constitution. The PTI leader submitted that Article 19 of the Constitution provides that every citizen has a right to freedom of speech and expression subject to reasonable restrictions, however, the ECP’s impugned notice was without jurisdiction and unlawful.

The court was requested to declare section 10 of the Election Act 2017 is ultra vires the Constitution and declares that impugned notice was beyond its jurisdiction and authority. He also pleaded to suspend the impugned notice during pendency of the petition and restrain the ECP from taking any action or proceeding in the matter during the pendency of the present issue.