ISLAMABAD: The Election Commission of Pakistan (ECP) finally announced Tuesday the much-hyped and long-awaited verdict in the prohibited funding case (formerly known as foreign funding case) — around eight years after the case landed in the electoral body in November 2014 — in what came as a huge sigh of relief for the former ruling party that has not been found guilty of being a foreign-aided political party — while the commission has issued the PTI a showcause notice for explaining its position over receiving prohibited funds.
Headed by Chief Election Commissioner (CEC) Sikandar Sultan Raja, the three-member ECP bench comprising Nisar Ahmed Durrani and Shah Mohammad Jatoi unanimously issued the 70-page verdict that was reserved earlier on June 21.
According to the ECP’s written order, the matter (involving PTI Prohibited Funding Case) falls within the ambit of Article 17 (3) of the Constitution of Pakistan, Section 6 (3) and Section2 (c) (iii) of Political Parties Order, 2002.
The Constitution’s Article 17 (3) provides that every political party shall account for the source of its funds in accordance with the law.
Section 2 (c) (iii) of PPO 2002 defines a “foreign- aided political party” as a political party that receives any aid from any government or political party of a foreign country, or any portion of its funds from foreign nationals.
Section 6 (3) of the same law says that any contribution made, directly or indirectly, by any foreign government, multi-national or domestically incorporated public or private company, firm, trade or professional association shall be prohibited and the parties may accept contributions and donations only from individuals.
“Hence, the commission directs that a notice may be issued to the respondent party in terms of Rule 6 of PPR (Political Parties Rules) 2002 as to why the aforementioned prohibited funds may not be confiscated. The office is also directed to initiate any other action under the law, in the light of this order of the commission, including forwarding the case to the federal government,” the ECP’s order concluded.
In the order, the electoral body mentioned that the PTI, before the electoral body, accepted the ownership of eight accounts while it declared 13 accounts under the category of “unknown accounts” but the data obtained from the State Bank of Pakistan (SBP) suggested that all the 13 accounts were operated by senior PTI leadership. Three more bank accounts that were not disclosed belonged to the PTI leadership, according to the ECP.
The order noted that PTI chief Imran Khan’s certificates, submitted to the ECP, from financial years, 2008-9 to 2012-13 (to affirm that the party did not receive any funding from prohibited sources) were found to be “grossly inaccurate.”
The ECP’s order also contained details of funds received by the PTI from some 34 foreign nationals and 351 foreign-based companies.
The electoral body heard the case under Section 6 of PPO 2002 on the petition moved against the PTI by Akbar Sher Babar.
Section 6 (4) of PPO 2002 provides that any contribution or donation which is prohibited under this order shall be confiscated in favour of the state in the manner as may be prescribed.
Apparently, problems would have mounted for the PTI had it been declared by the ECP “a foreign-aided” political party under Section 15 of PPO 2002 or other relevant laws. But the former ruling party has not been found guilty on this count.
Section 15 provides that where the federal government is satisfied that a political party is a foreign-aided party or has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan or is indulging in terrorism, it shall make such declaration by a notification in the official gazette.
Foreign funding cases: ECP urged to announce verdicts for all parties simultaneously
It further says that within 15 days of making such declaration, the federal government shall refer the matter to the Supreme Court whose decision on such reference shall be final.
Moreover, if the SC upholds the federal government’s declaration, such party shall stand dissolved forthwith, Section 15 adds.
In case of dissolution, the parliamentarians/members of provincial assemblies of such party shall lose their legislative memberships and remain disqualified from being re-elected for the remaining legislative terms—under Section 16 of PPO 2002.
Reacting to the ECP’s verdict, the PTI’s Fawad Chaudhry said, “We have very serious reservations against this ECP—but today’s decision has laid to rest any ray of hope for those who wanted to see the PTI banned.”
He, however, said the PTI would challenge the ECP’s verdict regarding prohibited funding.
Speaking to journalists along with Farrukh Habib and Maleeka Bokhari outside the ECP, Chaudhry said, the certificates that the PTI chief submitted to the ECP regarding party funding were based on the input from the charted accountants who audited the PTI’s accounts. “There is no wrongdoing on his (Imran Khan’s part). He simply gave the declaration on the advice of the auditors—we’ll challenge the ECP decision,” he added.
Chaudhry said the PTI’s case was over — and all eyes were now on the ECP— to conclude the probe against the Pakistan Muslim League Nawaz (PML-N) and the Pakistan People’s Party (PPP) in the prohibited funding case and announce the verdict.
Vice Chairman Shah Mahmood Qureshi termed the ECP’s verdict “a huge victory for the PTI.”
“Through this decision — this “imported government” has received a humiliating slap of embarrassment right in its face,” he added.
Babar, the petitioner against the PTI, also claimed victory. “Today’s ECP decision has simply validated my stance that the PTI received illegal funding from foreign elements. By the grace of Allah, I stand vindicated,” he told the reporters outside the ECP after the Prohibited Funding Case verdict was issued.
Reacting to the ECP’s verdict, Prime Minister Shehbaz Sharif tweeted, “The ECP verdict in PTI foreign funding case charge-sheets Imran Niazi for violating the Constitution, submitting false affidavits and accepting foreign money. Proven yet again that he is a certified liar. Nation should ponder over the implications of his politics funded by foreigners.”
On November 14, 2014, Akbar Babar, one of the founding members of the PTI, moved the ECP accusing the PTI of being a foreign-funded party and seeking action against it in accordance with related constitutional provisions. This case was termed foreign funding case.
In March 2018, the ECP formed the scrutiny committee to scrutinise the funds of the PTI and to submit its report in a month but the committee failed to furnish its report within the given timeline.
The ECP, in November 2019, decided to accept the request of the opposition parties to conduct on daily basis the hearing of the Foreign Funding Case related to the PTI and commenced proceedings of the case after a gap of 20 months.
Before this hearing, the ECP last held the regular hearing of this case in March 2018 when the Scrutiny Committee was formed to scrutinise the PTI funds. The PTI also requested the ECP that the Foreign Funding Case related to the PML-N and the PPP should also be heard by the ECP.
The ECP accepted this demand and commenced the proceedings of Foreign Funding Case related to the PML-N and the PPP in November 2019.
In August 2020, the Scrutiny Committee submitted its report related to the PTI in Foreign Funding Case to the ECP but the commission rejected this report, termed it incomplete and directed the committee to refurnish the report latest by October 22, 2020. But the committee failed to meet this deadline.
On October 23 last year, the ECP expressed satisfaction over the Scrutiny Committee’s progress into the case and allowed the panel to go ahead with the probe and complete the final report as early as possible but did not specify any timeframe in this regard.
In November last year, the committee finally completed its probe related to the PTI and submitted the report to the ECP.
Since January this year, the case was taken up for regular proceedings.
On June 15 this year, the ECP accepted the PTI’s plea and changed the name of Foreign Funding Case to Prohibited Funding Case.
Former Attorney General for Pakistan (AGP) Anwar Mansoor Khan was the PTI’s lawyer in the case, whereas, Ahmad Hassan represented Babar.
Copyright Business Recorder, 2022
Comments
Comments are closed.