The Islamabad High Court, while hearing the petition of Prime Minister Imran Khan against the notice of the Election Commission, observed that "in view of the conduct of the petitioner, no restraining order can be issued against the proceedings of the Commission".
On Friday, Justice Amir Farooq of the Islamabad High Court heard the petition filed against the notice of the Election Commission sent to Prime Minister Imran Khan at a public meeting in Dir. His lawyer Barrister Ali Zafar argued that the code of conduct of the Election Commission Can't go above the law.
The lawyer said that the Supreme Court had ruled that the Constitution did not allow the Election Commission to legislate, nor did it cover the provisions of the Code of Conduct.
Justice Amir Farooq said that where Article 218 of the Constitution came, how can the law prevail over it?
Barrister Ali Zafar said that the code of conduct of the Election Commission made for political parties could not invalidate the law passed by the Parliament. It does not mention violations of the code of conduct.
Justice Amir Farooq remarked that with the apology, the government has also set up a factory of ordinances.
Justice Amir Farooq said that no constitutional authority can be abolished by enacting a law. Article 218 of the Constitution gives the Election Commission the power to take steps for holding transparent elections.
Barrister Ali Zafar told the court that the ECP imposed the ban under section 233 of the Election Act.
Justice Amir Farooq said that the Election Commission is not only ordering according to Article 218 of the Code of Conduct, why the Prime Minister does not go before the Commission?
The lawyer said that if the Election Commission does not have the authority to give notice then why should I appear?
Justice Amir Farooq said that he should have appeared even then, there is a constitutional authority which has taken notice. How will things work out if everyone decides for themselves that the notifier has no jurisdiction? If the Prime Minister had not gone, he would have sent a lawyer.
The lawyer requested the ECP to issue a restraining order till the next hearing, to which Justice Amir Farooq said, "The court cannot issue a restraining order on the basis of your conduct. We are issuing notices. Can't be given
The court issued notices to the Election Commission, the Prime Minister, Asad Umar, the Cabinet Secretary and the Attorney General seeking a reply by March 28.
