PESHAWAR: The Peshawar High Court on Tuesday restrained the Election Commission of Pakistan (ECP) from taking any action or issuing a final order against the Khyber Pakhtunkhwa Chief Minister in a case related to a notice served over alleged threats to government officials during the Haripur by-election.
A two-member bench comprising Justice Syed Arshad Ali and Justice Faheem Wali heard the writ petition filed by Chief Minister Sohail Afridi.
His counsel Bashir Khan Wazir appeared before the court and argued that the ECP had taken notice of a speech delivered by the chief minister during a public gathering, alleging that he had threatened government officials.
The counsel maintained that the speech in question was delivered outside the constituency where the National Assembly by-election was being held, and that the chief minister was on a province-wide tour announcing development projects. Despite this, the ECP issued a notice and initiated proceedings against him.
He pleaded that the chief minister had approached the PHC against the ECP notice, and the court had earlier directed the ECP to first determine whether it had the jurisdiction to proceed in the matter. However, the ECP had not yet made a clear decision on the maintainability of the case.
During the hearing, Justice Arshad Ali asked the petitioner’s counsel whether the ECP’s decision had been received. The lawyer responded that the decision had just been received and was available with a supplementary application. The court summoned the record of the ECP decision and briefly adjourned the hearing.
When proceedings resumed, the petitioner’s counsel informed the bench that the ECP had summoned the chief minister the same day and requested an appropriate court order. The bench observed that it had already passed an order in the matter and questioned the need for a fresh plea.
The court then restrained the ECP from further proceeding or issuing any final order against Chief Minister Sohail Afridi and issued a notice to the commission, adjourning further hearing of the case.
