KARACHI: Pakistan Tehreek-i-Insaf general secretary Asad Umar on Saturday moved the Sindh High Court impugning a notice issued by the Election Commission of Pakistan for allegedly using contemptuous remarks.

Through a petition, he submitted that the ECP had issued a notice, dated Aug 19, under Section 10 of the Election Act, 2017, for use of intemperate, unparliamentarily language and contemptuous remakes against the ECP and chief election commissioner.

He contended that the relevant provision contained in the Election Act was clearly in violation of the Constitution and thereof Section 10 (power to punish for contempt) was ultra vires to the Constitution and maintained that Articles 204 and 175 were very categorical regarding the definition of a court and its powers.

He further submitted that as per Article 175(2), ‘no court shall have any jurisdiction save as or may be conferred by the constitution or by or under any law’.

According to the Election Act, it does not give any jurisdiction to the ECP to act as a court or a tribunal, whereas it only may exercise the power of high court to punish any person for contempt of court, the petitioner maintained.

He further contended that the Constitution being the prime supra law, cannot be violated by any subservient law, while there was a procedure in the Election Rules 2017 regarding contempt of the commission which was again made in contravention of the Constitution.

The petitioner also referred to Article 19 and submitted that every citizen has a right to freedom of speech and expression and pleaded to declare Section 10 of Election Act ultra vires to the Constitution and the impugned notice cannot be acted being in excess in of jurisdiction and authority of ECP.

He also sought a restraining order for the ECP not to take any action or proceeding against him in the light of the impugned notice till the pendency of this petition.

Later, talking to media, Mr Umar said that the issue of fund-raising for the flood-affected people by the party chief was under discussion and a decision in this regard was expected soon.

He said federal Finance Minister Miftah Ismail was blaming PTI for sabotaging the IMF deal, while former prime minister Nawaz Sharif himself was deposing about the incompetence of Mr Ismail.

Published in Dawn, August 28th, 2022