The secretary general of the PTI Asad Umar argued before the Supreme Court on Monday that the Election Commission of Pakistan (ECP), which is not a court or a tribunal, has no authority to summon someone for violating court regulations.
According to a reply made by Asad through his lawyer, “The preliminary questions requiring consideration and the decision by the Supreme Court is whether in light of Article 204 and Article 175A of the Constitution as well as judgments of the apex court where it had been held that the ECP is neither a court nor a tribunal, could Section 10 of Election Act 2017 give power and authority to the commission, the chairman, and its members to be a court or judges of the high court.”
A three-judge SC panel led by Chief Justice of Pakistan (CJP) Umar Ata Bandial received the reply one day before the hearing of ECP’s case was to begin.
The ECP has asked the Supreme Court to combine and transfer all six challenges currently proceeding before various high courts to its contempt letters against PTI leaders.
For allegedly using “intemperate” language against the chief election commissioner (CEC) and ECP, PTI leader Imran Khan and party leaders Asad Umar, Fawad Chaudhry, Mian Shabbir Ismail, and Danial Khalid Khokhar received contempt notices from the ECP in August and September.
The notices asked them to appear in person or through counsel before the commission to defend their position.