Foreign funding case: Imran cannot be disqualified without determining funding source, says SC
Justice Bandial says the petition aims at banning PTI rather than disqualifying its chief
PTI chief Imran Khan. PHOTO: REUTERS
ISLAMABAD:
The Supreme Court on Tuesday observed that Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan could not be disqualified without determining the prohibited source of the party’s funds.
Chief Justice Mian Saqib Nisar -- heading the three-judge bench of the top court hearing Hanif Abbasi’s pleas seeking Imran’s disqualification -- questioned how it could be ascertained that the funding received by a party came from prohibited sources and how the court could usurp the power of the government to ban a party.
Justice Umar Ata Bandial maintained that the petition by Abbasi, a Pakistan Muslim League-Nawaz (PML-N) leader, was aimed at banning a political party and not at disqualifying a member of parliament.
Imran’s PTI is hit with double whammy
Akram Sheikh, counsel for Abbasi, contended that the apex court had jurisdiction in the matter under Article 17 of Constitution.
He cited Article 17 (3) of the Constitution which says, “Every political party shall account for the source of its funds in accordance with law.”
In response, the chief justice questioned as to who would determine whether the funds received by the party were from prohibited sources.
“A certificate cannot be termed false unless it is proven that the funds were received from prohibited sources and who will determine this question?” the chief justice asked.
ECP to announce PTI foreign funding case verdict on May 8
Jumping into defence, Sheikh said his client did not file a plea for having the PTI banned, but the bench might ask the federal government to initiate the process for the purpose.
The counsel referred to the apex court judgments in an attempt to prove that disclosure of liability is more important than assets. He pointed out to what he called contradictions between Imran’s speech made in the National Assembly on May 18, 2016 and his speeches made in public meetings.
The bench observed that disqualifying an MNA on the basis of misdeclaration submitted in 2002 would open a Pandora’s Box.
The bench on Tuesday also issued notices to Imran on an application over his declaration of his and Jemima Khan’s bank accounts for the year 2002-03 and details about the Niazi Service Limited.
Disqualification case: PML-N counsel questions Imran’s loyalty to state
Naeem Bukhari, Imran’s counsel, said he would file all the documents by Friday along with the PTI chief’s affidavit.
Earlier, Sheikh said the Bani Gala property was bought in the name of Jemima, Imran’s widow now, so as not to let the trail get back to Imran. He argued that it was a sham transaction and also dishonest.
Sheikh further said that Imran and Jemima divorced in 2004 and the transfer of 95 kanals of land in Bani Gala was made in 2005, at a time when the PTI chief had already sold his London flat.
The counsel maintained that Imran had not only cheated the people of Pakistan but also hoodwinked the tax authorities.
PML-N attorney finds holes in Imran’s money trail
To this, Justice Umar Umar Atta Bandial told the petitioner’s counsel that the bench could not accept the argument to disqualify Imran under Article 62 of the Constitution.
About PTI foreign funding, Sheikh contended that the PTI chairman had accepted five times that he was aware of the definition of the foreign funding given in section 2(c) and 6(c) of the Political Parties Order 2002.
Justice Faisal Arab asked as to who is the locus standi in this regard -- an individual or the federation. The court said the federal government could ban a party if it received foreign funding.
However, Sheikh contended that ultimately it is the jurisdiction of the Supreme Court to ban such party, and the federation only has powers to confiscate the funds. He said Imran, being the party head, has given a certificate that the PTI is not receiving foreign funds from prohibited sources.
The Supreme Court on Tuesday observed that Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan could not be disqualified without determining the prohibited source of the party’s funds.
Chief Justice Mian Saqib Nisar -- heading the three-judge bench of the top court hearing Hanif Abbasi’s pleas seeking Imran’s disqualification -- questioned how it could be ascertained that the funding received by a party came from prohibited sources and how the court could usurp the power of the government to ban a party.
Justice Umar Ata Bandial maintained that the petition by Abbasi, a Pakistan Muslim League-Nawaz (PML-N) leader, was aimed at banning a political party and not at disqualifying a member of parliament.
Imran’s PTI is hit with double whammy
Akram Sheikh, counsel for Abbasi, contended that the apex court had jurisdiction in the matter under Article 17 of Constitution.
He cited Article 17 (3) of the Constitution which says, “Every political party shall account for the source of its funds in accordance with law.”
In response, the chief justice questioned as to who would determine whether the funds received by the party were from prohibited sources.
“A certificate cannot be termed false unless it is proven that the funds were received from prohibited sources and who will determine this question?” the chief justice asked.
ECP to announce PTI foreign funding case verdict on May 8
Jumping into defence, Sheikh said his client did not file a plea for having the PTI banned, but the bench might ask the federal government to initiate the process for the purpose.
The counsel referred to the apex court judgments in an attempt to prove that disclosure of liability is more important than assets. He pointed out to what he called contradictions between Imran’s speech made in the National Assembly on May 18, 2016 and his speeches made in public meetings.
The bench observed that disqualifying an MNA on the basis of misdeclaration submitted in 2002 would open a Pandora’s Box.
The bench on Tuesday also issued notices to Imran on an application over his declaration of his and Jemima Khan’s bank accounts for the year 2002-03 and details about the Niazi Service Limited.
Disqualification case: PML-N counsel questions Imran’s loyalty to state
Naeem Bukhari, Imran’s counsel, said he would file all the documents by Friday along with the PTI chief’s affidavit.
Earlier, Sheikh said the Bani Gala property was bought in the name of Jemima, Imran’s widow now, so as not to let the trail get back to Imran. He argued that it was a sham transaction and also dishonest.
Sheikh further said that Imran and Jemima divorced in 2004 and the transfer of 95 kanals of land in Bani Gala was made in 2005, at a time when the PTI chief had already sold his London flat.
The counsel maintained that Imran had not only cheated the people of Pakistan but also hoodwinked the tax authorities.
PML-N attorney finds holes in Imran’s money trail
To this, Justice Umar Umar Atta Bandial told the petitioner’s counsel that the bench could not accept the argument to disqualify Imran under Article 62 of the Constitution.
About PTI foreign funding, Sheikh contended that the PTI chairman had accepted five times that he was aware of the definition of the foreign funding given in section 2(c) and 6(c) of the Political Parties Order 2002.
Justice Faisal Arab asked as to who is the locus standi in this regard -- an individual or the federation. The court said the federal government could ban a party if it received foreign funding.
However, Sheikh contended that ultimately it is the jurisdiction of the Supreme Court to ban such party, and the federation only has powers to confiscate the funds. He said Imran, being the party head, has given a certificate that the PTI is not receiving foreign funds from prohibited sources.