ISLAMABAD: Scrutiny Committee of Election Commission of Pakistan (ECP), which heard Foreign Funding Case related to three major political parties of the country - Pakistan Tehreek-e-Insaf (PTI), Pakistan Muslim League Nawaz (PML-N) and Pakistan People's Party (PPP) - has quietly submitted its report to the ECP wherein no political party has been directly found guilty of receiving foreign funding from prohibited sources while some procedural shortcomings have been identified in the report.
In this scenario, it is unlikely that the ECP would initiate a stern action against any of the three political parties keeping in view the Scrutiny Committee's report, Business Recorder has learnt.
"There are certain shortcomings and erroneous practices on part of all three political parties that have been identified in the report with regard to channeling of donations and financial contributions from donors and supporters overseas. But the responsibility has not been fixed against any individual or party," said an ECP official in knowledge of the contents of the report, on strict condition of anonymity.
The source said that Scrutiny Committee has no powers to initiate action against any political party found involved in receiving foreign funding. The committee, he said has been mandated to share its observations and make recommendations in Foreign Funding Case which have been submitted to the main ECP bench hearing this case headed by Chief Election Commissioner (CEC) Sikandar Sultan Raja.
Keeping in view Pakistan's existing electoral laws, it is very difficult to directly hold any lawmaker or a political party responsible for receiving foreign funding, it is further learnt.
"Ironically, Pakistan's existing electoral laws bar foreign funding from any group or organization but foreign funding is permissible by individuals to political parties. Political parties usually take funds from individuals, not groups or entities. It is therefore very difficult to establish that a political party has received funds from any group, and not an individual, and that it should be proceeded against as per law," sources told Business Recorder.
Section 6 (3) of Political Parties Order 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."
In November 2014, Akbar Sher Babar, one of the founding members of PTI, moved the ECP accusing the PTI of being a foreign funded party and seeking action against it in accordance with related constitutional provisions.
In March 2018, the ECP formed the Scrutiny Committee to scrutinize the funds of PTI and to submit its report in a month but the committee could not furnish its report within the given timeline. On October 1, 2019, the ECP reserved verdict on four pleas by the PTI which requested the Commission to maintain 'secrecy' in the scrutiny of funding' details of the party in the case on the grounds that 'false' news was being leaked about the PTI funds, which, the ruling party said, was an attempt to malign it. On October 10, 2019, the ECP announced the reserved verdict and rejected the PTI pleas.
The ECP on November 21, 2019, decided to accept the request of opposition parties to conduct on daily basis the hearing of the Foreign Funding Case related to the PTI and fixed November 26 as the date to commence proceedings of the case, after a gap of 20 months.
Before the November 26 hearing, the ECP last held the regular hearing of Foreign Funding Case in March 2018 when the Scrutiny Committee was formed to scrutinize 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 also commenced proceedings of Foreign Funding Case related to the PML-N and the PPP from November 26.
The Scrutiny Committee is headed by ECP's Director General (Law) Muhammad Arshad as its Chairman and includes DG (Audit) Defence Services Masood Akhtar Sherwani, and Controller Accounts Air Force Muhammad Faheem as its members.
Shah Khawar is PTI's counsel in the case whereas Ahmad Hassan represents Akbar Babar. The PML-N is represented by Jahangir Jadoon and the PPP is represented by Shehbaz Khosa.
Copyright Business Recorder, 2020