The Islamabad High Court (IHC) Monday sought arguments from respondents on April 6 and barred the Election Commission of Pakistan (ECP) from taking action against Prime Minister Imran Khan and Federal Minister Asad Umar till next date for allegedly violating the code of conduct during the ongoing campaign for the second phase of local government polls in Khyber Pakhtunkhwa.
During the proceedings, 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 the 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 the public office-holders for violation of codes of conduct.
The court said it had to be viewed that whether the notices of ECP could be upheld or not. It further remarked that if a campaign was run with the expenditures from national kitty then it also had consequences.
Addressing the attorney general for Pakistan, the court said 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 for Pakistan Khalid Jawed Khan adopted the stance that the ECP had no authority to turn down an ordinance.
The court asked whether the code of conduct developed by the ECP under 218(3) could be terminated through an ordinance.
The AGP said an identical matter had been pending with the Supreme Court. He also read out the decision before the bench.
Khalid Jawed Khan said 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 the ECP stopped any prime minister from travelling Swat for a political procession.”
The attorney general said that head of government couldn’t be stopped by the ECP. He said 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 the ECP from further action till the judgment in the case.
He said for example a notice was served to a 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 was imposed on the 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 the 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.
