ISLAMABAD: Islamabad High Court Chief Justice Athar Minallah issued on Tuesday a notice to the Election Commission of Pakistan on a petition challenging the ECP’s judicial powers and sought assistance from the attorney general (AGP).

The petition filed by a local lawyer contended that the ECP’s mandate is to hold free and fair elections and, therefore, the commission could not be allowed to exercise judicial powers, especially the power to initiate contempt of court proceedings as this power is available with the superior courts for enforcement of judgements.

The petition argued that there are five constitutional courts, including the Supreme Court, in the country and no other state institution could be equivalent to them.

The petitioner’s counsel, Babar Awan, requested the court to declare Sections 4, 9 and 10 of the Elections Act 2017 unconstitutional since they empower the ECP to punish people for contempt and issue directives.

IHC Chief Justice Minallah observed that the Supreme Court had in a recent judgement interpreted the Elections Act and explained the powers of the ECP.

He remarked that a division bench of the apex court had already held that the ECP is not a court of law, but it can exercise judicial powers.

Further hearing in the matter was adjourned for a fortnight.

Meanwhile, the IHC chief justice imposed a fine of Rs200,000 on a habitual litigant, Shahjahak Khan, for filing a frivolous petition seeking action against certain politicians in connection with the Masjid-i-Nabwi incident.

Justice Minallah expressed displeasure over the misuse of the blasphemy law for filing such petitions and held that petitions of such habitual litigants would not be entertained until they deposit a fined amount.

Published in Dawn, May 11th, 2022