Prohibited funding case: IHC forms larger bench to hear PTI's petition against ECP

The Islamabad High Court (IHC) on Tuesday formed a larger bench to hear Pakistan Tehreek-e-Insaf’s (PTI) petition against the Election Commission of Pakistan’s (ECP) fact-finding report on the prohibited funding case.

The decision to form a larger bench was announced by IHC Chief Justice Aamer Farooq after which the hearing was adjourned till Thursday.

During the hearing, Barrister Anwar Mansoor and Faisal Chaudhry represented PTI. Mansoor told Farooq that PTI challenged ECP’s fact finding report because disclosure of party’s accounts was not necessary due to certain reasons.

Prohibited funding case: PTI challenges ECP’s fact-finding report

“The money went to accounts of provincial governments hence there was no need for a money trail,” he said. Mansoor held the view that show cause notice should not be issued to PTI.

On August 11, PTI Additional Secretary General Omar Ayub, moved the petition through advocates, Anwar Mansoor Khan, Shah Khawar and Faisal Fareed, urging the court to declare ECP’s decision dated August 2 illegal.

He stated that the ECP is a constitutional administrative body created for carrying out fair and free elections and for purposes as required under the constitution and the statutes.

The PTI contended that the ECP has passed the impugned fact-finding report based on incorrect facts, flawed application of law, beyond its jurisdiction and in an unreasonable, irrational, bias manner.

“The exercise of executive is to be exercised reasonably, rationally, proportionately, justly, without any bias or ulterior motive, supported by reason and explanation. The ECP, in the impugned fact finding report, has not adhered to any principles which regulate the discretion of an executive body,” said the party.

PTI received prohibited funding, says ECP

On August 2, a three-member bench of ECP announced that PTI received prohibited funding and kept 13 bank accounts hidden.

"Data obtained from the SBP reveals that all the 13 accounts disowned by PTI were opened and operated by the senior PTI management and leadership at the Central and Provincial levels.

"In this regard, it is further added that PTI failed to mention and disclose three accounts which were also being operated by the senior leadership of the party," the verdict read.

The verdict said that hiding accounts is a "violation" of Article 17 of the Constitution. As per the said article “Every political party shall account for the source of its funds in accordance with law”.