ISLAMABAD: Chief Justice of Pakistan (CJP) Umar Ata Bandial has remarked Election Commission (EC) has authority to take action under Constitution. Justice Athar Minallah remarked constitutional institution was made dysfunctional apparently due to order of High Court.

Supreme Court while directing High Court to decide case of contempt of Election Commission against Imran Khan, Fawad Chaudhry and Asad Umar soon wrapped up case to extent of SC. Court maintained in its order that according to EC, Lahore High Court has restrained them from issuing order against PTI leadership.

Lahore High Court has not stopped from initiating contempt of Election Commission proceedings but it has stopped from giving final decision. As per law proceedings of contempt of EC will continue. A 3-member bench of SC presided over by CJP took up matter for hearing yesterday. Counsel for Election Commission told court LHC has restrained EC from taking action against Imran Khan, Fawad Chaudhry and Asad Umar. Justice Ayesha Malik remarked action will be taken when proceedings of contempt of Commission matter is completed. No High Court has stopped Commission from initiating proceedings.

Election Commission has stopped contempt of proceedings on its own after October. SC order will be premature. Lahore High Court order is not restraining Commission from initiating contempt of election proceedings. Plea of Commission for clubbing pending cases in High Court is premature. Election commission should tell that how contempt of Commission proceedings has been initiated. Counsel for Commission told court section 10 of Election Act allows Commission to launch contempt proceedings.

Imran Khan, Fawad Chaudhry and Asad Umar are not appearing before Commission. High Court orders have stopped Commission. Counsel requested court to issue orders to High Courts to decide petitions filed against contempt of Commission soon besides ordering Imran Khan, Fawad Chaudhry and Asad Umar to appear before Commission. PTI had challenged notices pertaining to contempt of Commission and powers in High Courts. Election Commission resorted to SC for issuance of order for clubbing cases which  are running in various High Courts.

Published in The Daily National Courier, December, 07 2022

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