SHC restrains ECP from taking final decision against Asad Umar

KARACHI: The Sindh High Court on Monday restrained the Election Commission of Pakistan from taking a final decision in contempt proceedings against Pakistan Tehrik-e-Insaf’s general secretary till further orders. The interim order came on a petition filed by PTI general secretary Asad Umar who challenged ECP’s contempt notice in the SHC.

PTI leader Asad Umar submitted that the ECP issued notice on August 19 accusing him of using intemperate, unparliamentarily and contemptuous remarks against the Commission and its officials, 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.

The court was requested to declare section 10 of the Election Act 2017 is ultra vires the Constitution and declare that the impugned notice was beyond its jurisdiction and authority. He also pleaded to suspend the impugned notice during the pendency of the petition and restrain the ECP from taking any action or proceeding in the matter during the pendency of the present issue. SHC’s division bench headed by Chief Justice Ahmed Ali M Sheikh after the preliminary hearing of the petition issued notices to the federal law officer and ECP and called their comments. The court in meantime restrained ECP from taking any final decision in the contempt matter against the petitioner till the next date of the hearing.