The Islamabad High Court (IHC) on Thursday dismissed Pakistan Tehreek-e-Insaf\u2019s (PTI) petition against the ruling of the Election Commission of Pakistan (ECP) regarding the prohibited funding case.
\nIn August 2022, the election commission issued a show-cause notice to the PTI after it concluded that the party received funding from prohibited sources. The notice was later challenged in the IHC.
\nA larger bench of the IHC \u2014 comprising Chief Justice Aamer Farooq, Justice Miangul Hassan and Justice Babar Sattar \u2014 had reserved its verdict on January 11 after arguments were completed.
\nThe verdict was announced verbally.
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\nLast hearing
\nDuring the hearing, the court had observed that the ECP\u2019s responsibility was merely to do what the Constitution permitted \u2014 which was limited to the confiscation of funds.
\nWhile the ECP during the hearing claimed that it had no power to change its decision, the court had observed that should the PTI present in the court satisfactory evidence \u2014 proving the legitimacy of the funds \u2014 the amount would not be confiscated.
\nThe PTI counsel had argued during that hearing that the ECP had declared it a \u201cforeign-aided\u201d party and had rejected the declaration of PTI chief Imran Khan false.
\n\u201cPolitical parties\u2019 finances are looked after by a chartered accountant,\u201d he argued. \u201cThe ECP has targeted PTI.\u201d
\nThe chief justice had said that the ECP had not made any declaration in its report, \u201cthe decision of the ECP is sometimes called an order, sometimes a report and sometimes just an opinion. In my opinion, this was a fact-finding report,\u201d he said.
\nHowever, the ECP\u2019s representative insisted that it was not just a report but a decision.
\n\u201cThe ECP could not have issued a show-cause notice without giving a decision,\u201d he said.
\nDuring a hearing of the case, IHC Chief Justice Aamer Farooq said: “Are you afraid that Imran Khan will be disqualified on this issue? The ECP will not make any declaration in this show-cause notice, nor will take criminal action against Khan. Its authority extends only to the extent of confiscation of funds.\u201d
\nMoreover, the court in the previous hearing had also criticised the ECP for taking the matter to the federal government, as doing so had led to a number of cases being registered against PTI by the FIA.
\nNow, if the court rules in favour of PTI, the notice will be retracted and the cases against the party will be withdrawn. It is also likely that the court will advise the electoral body to reassess the matter.
\nPTI challenges ECP ruling
\nOn August 10 last year, the PTI challenged the ECP\u2019s ruling in the IHC, seeking annulment of the order in the prohibited funding case.
\nIn his petition filed with the IHC, PTI Additional Secretary-General Omar Ayub asked the court to not only nullify the August 2 ruling, but also revoke the ECP’s show-cause notice sent to PTI Chairman Imran Khan.
\nThe petitioner said he was “grossly aggrieved” by the fact-finding report \u2014 which revealed that the PTI had obtained funds from foreign sources \u2014 and demanded that it be declared “perverse, incorrect and in excess of authority and jurisdiction”.
\nIn his petition, Ayub also asked the court to “declare that any action suggested by the ECP is beyond its authority and that no action can be taken on the basis of a fact-finding report”.
\nThe PTI also made the ECP a party in the case.
\nECP verdict in prohibited funding case
\nOn August 2, 2022, the ECP, in a unanimous verdict, announced that the PTI received prohibited funding. The case was earlier referred to as the “foreign funding” case, but later the election commission accepted the PTI’s plea to refer to it as the “prohibited funding” case.
\nThe commission found that donations were taken from America, Australia, Canada and the UAE.
\nThe PTI received funds from 34 individuals and 351 businesses including companies, the ECP verdict stated.
\nThirteen unknown accounts also came to light, said the commission in the verdict, adding that hiding accounts are a “violation” of Article 17 of the Constitution.
\nThe funds were also in violation of Article 6 of the Political Parties Act.
\nMoreover, the ECP found that Khan submitted a false Nomination Form I and that the affidavit provided regarding party accounts was also not authentic.<\/p>\n","protected":false},"excerpt":{"rendered":"
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