- ECP ordered PTI to receive “illegal” funds.
- Chief Justice of Islamabad High Court says that the court does not exist to resolve political issues.
- Justice Babar Sattar of Islamabad High Court declared ECP as an independent body.
ISLAMABAD: The Islamabad High Court (IHC) on Wednesday reserved judgment on the Pakistan Tehreek-e-Insaf (PTI) petition against the Election Commission of Pakistan (ECP) decision in the prohibited funding case.
The ECP had ruled in August last year that the party had received “illegal” funds and donations from the US, Australia, Canada and the United Arab Emirates (UAE).
A larger bench comprising Justice Mian Gul Hasan and Justice Babar Sattar headed by Chief Justice Aamir Farooq of Islamabad High Court heard the case.
Islamabad High Court Chief Justice Amir Farooq, before reserving the verdict, remarked that the court exists to make legal decisions and not to resolve political issues. He added that the ECP had to function only constitutionally, which was limited to confiscation of funds.
The IHC has told the Election Commission that if the party succeeds in proving that its funding was not prohibited, the ECP will have to withdraw its August decision.
PTI challenged the Election Commission’s decision.
The PTI had on August 10 last year challenged the ECP’s decision in the prohibited funding case in the IHC seeking annulment of the order.
In his petition filed in the IHC, PTI Additional Secretary General Umar Ayub asked the court not only to set aside the August 2 verdict but also to quash the ECP’s show cause notices sent to PTI Chairman Imran Khan. Also cancel the notice.
The petitioner said he was “deeply saddened” by the fact-finding report – which revealed that the PTI received funds from foreign sources – and demanded that it be “perverse, wrong and without powers and jurisdiction”. Exceeded”.
In his petition, he also asked the court to “declare that any action recommended by the ECP is beyond its jurisdiction and no action can be taken on the basis of the fact-finding report”. .
PTI also made ECP a party in the case.
Decision of Election Commission in Prohibited Funding Case
On 02 August 2022, the ECP declared in a unanimous decision that PTI received prohibited funding. The case was earlier referred to as a “foreign funding” case, but later the Election Commission accepted PTI’s request to call it a “prohibited funding” case.
The commission found that donations were received from the United States, Australia, Canada and the United Arab Emirates.
The ECP verdict said that PTI received funds from 351 businesses including 34 individuals and companies.
Thirteen unaccounted accounts also came to light, the commission said in the judgment, concealing the accounts was a violation of Article 17 of the Constitution.
The funds were also in violation of Article 6 of the Political Parties Act.
Further, the ECP found that Khan submitted a false nomination form I and the affidavit provided regarding party accounts was also not authentic.