IHC halts ECP proceedings against Imran
Notices issued to Attorney General to assist court at next hearing
Notices issued to Attorney General to assist court at next hearing. PHOTO: EXPRESS/FILE
ISLAMABAD:
The Islamabad High Court on Thursday restrained the top poll body from announcing its verdict in a case against Pakistan Tehreek-e-Insaaf (PTI) Chairman Imran Khan.
While restraining the Election Commission of Pakistan (ECP), Justice Aamer Farooq issued notices to the Attorney General of Pakistan to provide assistance in the matter on the next hearing of the case on May 15.
Previously, the ECP had fixed May 8 as the date to announce its verdict on the PTI chief allegedly violating the poll body’s code of conduct during by-elections.
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Thursday’s notice came after Imran had approached the high court over notifications from the ECP which restricted lawmakers and party heads from participating in by-election campaigns.
Imran, a member of national assembly from NA-56 (Rawalpindi), through his counsel Babar Awan had listed the ECP and the Director General (Elections) at the ECP as respondents in the case.
Awan argued that the petitioner, being the chairman of a large political party, heads different by-poll campaigns and other election-related activities throughout the country - a right guaranteed under the Constitution.
To the surprise of the petitioner and other democratic forces in the country, Awan contended, a slew of notifications had been issued by the ECP which infringed on fundamental rights.
On April 16, 2015, the lawyer said, the ECP had issued a notification which restricted the president, the prime minister, ministers of state, governors, chief ministers, provincial ministers and advisors to the premier and chief ministers from visiting the areas where polls were being held to give any subscription or donation in such constituencies.
Subsequently, on May 7, 2015, the poll body modified its earlier notification to include government officials, members of the national and provincial assemblies.
Later, the poll body issued a similar notification on September 16, 2015.
As per these notifications, the ECP on February 6, 2017, issued a notice to Imran for visiting various constituencies in Punjab.
Awan argued that these notices were illegal. He maintained that the inclusion of MNAs and MPAs along with the president, premier and others was mala fide on the part of ECP.
“By no stretch of the imagination the MNAs and MPAs - who do not hold any official or governmental position - could fall within the same category or class of those who are in power,” the counsel argued.
He argued that the ECP had only the petitioner - Imran - in mind while issuing such a notification because of he, perhaps, was the only MNA who had no governmental or official position but would resonate the most with the voters during by-elections.
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Awan accused the ECP of abusing its authority for issuing a person-specific notification on February 6, adding that it was intended to keep only the PTI chief out of the by-election campaigns.
“Keeping the men in power out of election campaign is understandable, but the MNAs and MPAs do not exercise any such power or financial control and the decision to exclude them from campaigning has no logic, reason and rationale behind it,” Awan said, arguing such a restriction violated Article 16, 17 and 19 of the Constitution.
He urged the court to set aside the ECP notifications of May 7, 2015, September 16, 2015, and February 6, 2017, along with any other consequential proceedings pending before the ECP.
Published in The Express Tribune, May 5th, 2017.
The Islamabad High Court on Thursday restrained the top poll body from announcing its verdict in a case against Pakistan Tehreek-e-Insaaf (PTI) Chairman Imran Khan.
While restraining the Election Commission of Pakistan (ECP), Justice Aamer Farooq issued notices to the Attorney General of Pakistan to provide assistance in the matter on the next hearing of the case on May 15.
Previously, the ECP had fixed May 8 as the date to announce its verdict on the PTI chief allegedly violating the poll body’s code of conduct during by-elections.
CJP urges Imran to play role in ending mistrust of judiciary
Thursday’s notice came after Imran had approached the high court over notifications from the ECP which restricted lawmakers and party heads from participating in by-election campaigns.
Imran, a member of national assembly from NA-56 (Rawalpindi), through his counsel Babar Awan had listed the ECP and the Director General (Elections) at the ECP as respondents in the case.
Awan argued that the petitioner, being the chairman of a large political party, heads different by-poll campaigns and other election-related activities throughout the country - a right guaranteed under the Constitution.
To the surprise of the petitioner and other democratic forces in the country, Awan contended, a slew of notifications had been issued by the ECP which infringed on fundamental rights.
On April 16, 2015, the lawyer said, the ECP had issued a notification which restricted the president, the prime minister, ministers of state, governors, chief ministers, provincial ministers and advisors to the premier and chief ministers from visiting the areas where polls were being held to give any subscription or donation in such constituencies.
Subsequently, on May 7, 2015, the poll body modified its earlier notification to include government officials, members of the national and provincial assemblies.
Later, the poll body issued a similar notification on September 16, 2015.
As per these notifications, the ECP on February 6, 2017, issued a notice to Imran for visiting various constituencies in Punjab.
Awan argued that these notices were illegal. He maintained that the inclusion of MNAs and MPAs along with the president, premier and others was mala fide on the part of ECP.
“By no stretch of the imagination the MNAs and MPAs - who do not hold any official or governmental position - could fall within the same category or class of those who are in power,” the counsel argued.
He argued that the ECP had only the petitioner - Imran - in mind while issuing such a notification because of he, perhaps, was the only MNA who had no governmental or official position but would resonate the most with the voters during by-elections.
Sindh Assembly adopts resolution against Imran Khan
Awan accused the ECP of abusing its authority for issuing a person-specific notification on February 6, adding that it was intended to keep only the PTI chief out of the by-election campaigns.
“Keeping the men in power out of election campaign is understandable, but the MNAs and MPAs do not exercise any such power or financial control and the decision to exclude them from campaigning has no logic, reason and rationale behind it,” Awan said, arguing such a restriction violated Article 16, 17 and 19 of the Constitution.
He urged the court to set aside the ECP notifications of May 7, 2015, September 16, 2015, and February 6, 2017, along with any other consequential proceedings pending before the ECP.
Published in The Express Tribune, May 5th, 2017.