ISLAMABAD
Islamabad High Court (IHC) has remarked “with regret, government has set up ordinance factory and the jobs which were to be done by the parliament; government is doing them through ordinance.
The court further remarked what was the emergency that you had to bring amendment ordinance in election act.
A single bench of IHC presided over by Justice Aamer Farooq took up for the hearing petition filed by Prime Minister (PM) Imran Khan against the election commission notice Friday.
The court while issuing notice to Election Commission (EC) has sought reply from it.
Barrister Ali Zafar counsel for PM Imran Khan argued EC code of conduct cannot be above law. No law can be rejected on the basis of code of conduct. Amendment was made in the act on February 19, 2022. Through amendment the members of parliament were allowed to participate in election campaign. Later EC issued an order in its March 10 meeting. EC said in the order member parliament will be allowed to take part in the election campaign but public office holder will not be allowed. Election commission issued notice on violation of code of conduct.
Justice Aamer Farooq remarked article 218 of the constitution empowers EC to hold fair election. Can the powers laid down in the constitution be abolished by making amendment through ordinance. Why do you not raise all points before EC.
Barrister Ali Zafar said EC has already issued orders against the ordinance.
Ali Zafar told the court what powers were exercised by the EC can be used only by some court. Only court can reject amendment in the ordinance.
The court remarked did EC summon you to give reply to notice.
The defence counsel told the court EC called us on March 14 but we did not go. It is not in the jurisdiction of the court therefore, we did not go.
The court remarked will every person determine on his own it is not in the jurisdiction of which institution. You did wrong by not appearing. These things deteriorate the society. Challan ticket is issued to Royal family in UK as per law.
The defence counsel told the court the EC can issue notice only to concerned candidate or party. EC issued notice to PM in individual capacity.
The defence counsel prayed the court to restrain EC from issuing any order till next hearing.
The court remarked in next week every thing will be closed. Nothing will happen.
The court while summoning reply from the election commission on the matter of interpretation of amendment ordinance issued directives that EC should file reply till March 28.
The court also summoned Attorney General for assistance.
The defence counsel said election commission is still issuing notice. If election commission issues notice now then it will have to be challenged too.
The court remarked had you appeared before EC then you would have come to know what is next hearing therein. We will give decision after hearing EC.
The court while rejecting the plea for restraining the EC from issuing orders till next hearing adjourned the hearing of the case till March 28.
