Election Commission of Pakistan (ECP) has turned down as non-maintainable a petition that seeks to ban Pakistan Tehreek-e-Insaf (PTI), accusing the ruling party leaders of illegally stashing wealth abroad. The development is significant at a time when the Chief Election Commissioner Justice Sardar Muhammad Raza (retd) and the federal government are entangled in serious differences following the CEC's refusal to administer oath to two newly-appointed ECP members, citing the violation of the Constitution in the appointment of these two members by the government.
The petition that was rejected by the ECP in the ongoing week, accused more than 100 PTI stalwarts including the party's senior leadership of money laundering. It was moved by one Azeem Afridi. An ECP source privy to the matter told Business Recorder that the petitioner made serious allegations against the ruling party's leaders but did not have any verified documentary evidence to back up his claims that the PTI leaders were involved in money laundering.
"Even if there are solid proofs of money laundering against those persons that are members of any political party registered with the ECP, it is outside the purview of the ECP to proceed against the accused," the source said, adding that the ECP can refer the matter to the National Accountability Bureau (NAB) and Federal Investigation Agency (FIA) if the Commission is convinced that there are solid proofs of money laundering against the member(s) of any ECP-registered political party.
Under the prevailing electoral laws, there is no provision that deals with financial crimes regarding political parties including money laundering. The electoral laws though prohibit a political party from receiving foreign-funding from the countries, groups or organisations, there is no provision regarding money illegally transferred by any political party from Pakistan to any other country. Moreover, even it is quite difficult to declare a political party foreign-aided since the laws allow political parties to receive foreign-funding from individuals and not from foreign government, groups or related entities, according to the ECP sources.
The Section 3 (4) of Political Parties Order 2002 reads, "-a political party shall not: (a) propagate any opinion, or act in a manner prejudicial to the fundamental principles enshrined in the Constitution of the Islamic Republic of Pakistan; or (b) undermine the sovereignty or integrity of Pakistan, public order or public morality or indulge in terrorism; or (c) promote sectarian, regional or provincial hatred or, animosity; or (d) bear a name as a militant group or section or assign appointment titles to its leaders or office-bearers which connote leadership of armed groups; or (e) impart any military or para-military training to its members or other persons; or (f) be formed, organise, set-up or convened as a foreign-aided political party."
The Section 6 (3) of Political Parties 2002 reads, "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."
Moreover, legally, the ECP has no powers to dissolve a political party for the relevant offences and the matter is dealt with by the federal government and the Supreme Court. The Section 15 of Political Parties Order 2002 reads, " (1) 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. (2) Within fifteen days of making a declaration under clause (1), the Federal Government shall refer the matter to the Supreme Court whose decision on such reference shall be final. (3) Where the Supreme Court upholds the declaration made against a political party under clause (1), such party shall stand dissolved forthwith."
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