Chief Justice of Pakistan (CJP) Umar Ata Bandial has remarked Election Commission (EC) has authority to take action under the constitution.
Justice Athar Minallah remarked a constitutional institution was made dysfunctional apparently due to the order of high court.
Supreme Court (SC) while directing high court to decide the case of contempt of election commission against Imran Khan, Fawad Chaudhry and Asad Umar soon wrapped up the case to the extent of SC.
The court maintained in its order that according to election commission Lahore High Court (LHC) 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 the proceedings of contempt of election commission will continue.
A 3-member bench of SC presided over by the CJP took up the matter for hearing Tuesday.
The counsel for Election Commission (EC) told the court LHC has restrained EC from taking action against Imran Khan, Fawad Chaudhry and Asad Umar.
Justice Ayesha Malik remarked the action will be taken when the proceedings of contempt of election commission matter is completed. No high court has stopped election commission from initiating proceedings. The election commission has stopped contempt of election commission proceedings on its own after October. SC order will be premature. Lahore High Court order is not restraining election commission from initiating contempt of election proceedings.
The plea of election commission for clubbing the pending cases in high court is premature. Election commission should tell that how the contempt of commission proceedings has been initiated.
Counsel for election commission told the court section 10 of election act allows election commission to launch contempt proceedings. Imran Khan, Fawad Chaudhry and Asad Umar are not appearing before election commission. High court orders have stopped election commission.
The counsel for election commission requested the court to issue orders to the high courts to decide the petitions filed against the contempt of election commission soon besides ordering Imran Khan, Fawad Chaudhry and Asad Umar to appear before election commission.
The PTI had challenged the notices pertaining to contempt of election commission and powers in high courts.
The election commission had resorted to SC for issuance of order for clubbing the cases which are running in various high courts.