IHC Stays ECP's Action In Matter Pertaining PM's Political Activities

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, Federal Minister Asad Umar till next date in cases against ECP's notices

ISLAMABAD, (UrduPoint / Pakistan Point News - 28th Mar, 2022 ) :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, Federal Minister Asad Umar till next date in cases against ECP's notices.

During the course of proceeding, the ECP's lawyer argued that President, Prime Minister, chairman senate, speakers and ministers were not authorized to participate in election campaigns.

He said a public office holder could visit his constituency but he was not authorized to participate in election campaign.

Justice Aamer Farooq remarked that the ECP in its notice should have clarified the laws which had been violated by the petitioners.

Addressing the ECP's lawyer, the court noted that the department had not served notices to public office holders on violation of codes of conduct.

The court said it had to be viewed that whether the notices of ECP could be up held or not. It further remarked that if a campaign was run with the expenditures from national kitty then it also has consequences.

Addressing the attorney general of Pakistan, the court said that the ECP had alleged the public office holders for use of government resources. The court asked the petitioners to submit its answer to the ECP in this regard.

Attorney General of Pakistan, Khalid Jawed Khan adopted the stance that the ECP had no authority to turn down an ordinance.

The court asked that whether the code of conduct developed by ECP under 218(3) could be terminated through an ordinance.

The AGP said that an identical matter had been pending with the Supreme Court. He also read out the decision before the bench.

Khalid Jawed Khan 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 said.

The AGP said that the Prime Minister had given written instructions that he would bear expenditures of his political activities from his own pocket. We have never heard earlier that ECP stopped any prime minister from travelling Sawat for a political procession. The attorney general said that head of government couldn't be stopped by ECP. He said that the ECP was serving notices to Prime Minister along with fine while the next phase was about disqualification.

The AGP prayed the court to stop ECP from further action till the judgment in the case. He said for example a notice is served to public office holder in Mangora and he was asked to appear before the ECP on the same day. When a lawyer appeared to take some time from ECP a fine is imposed on public office holder, he said.

The court adjourned further hearing with above instructions. It may be mentioned here that Prime Minister Imran Khan and Federal Minister Asad Umar had challenged the notices and fine by ECP before the IHC. The petitioner had stated that legislation had been introduced allowing public office holders to participate in election campaigns. The ECP had no authority to serve such notices after the amendment in the law.