ECP summons PTI finance secretary in funding case

CEC warns failing to appear in person will lead to drawing of all legal inferences


Our Correspondent December 13, 2017
PHOTO: FILE

ISLAMABAD: Once again, the Election Commission of Pakistan (ECP) has summoned the Pakistan Tehreek-e-Insaf (PTI) finance secretary to appear in person on January 16 next and submit a response in the foreign funding case.

A five-member bench of the ECP, headed by Justice (retd) Sardar Muhammad Raza, on Tuesday passed the order with a warning that if the finance secretary failed to appear in person then “all legal inferences will be drawn”.

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The PTI, despite previous commitments made before the ECP, had failed to comply with its last directive to reply to Akbar S Babar’s analysis of the PTI’s evidence submitted before the Supreme Court (SC) and the ECP.

The petition against foreign funding was first filed in November 2014 by a disgruntled PTI leader Babar after developing differences with the party chairman Imran Khan on alleged internal party corruption and financial wrongdoings in managing the PTI funds.

On Tuesday, the PTI once again failed to submit a reply to the petitioner’s analysis that allegedly trashes the PTI’s evidence submitted before the SC and the ECP.

Despite personal summons, the PTI central finance secretary as well as their senior lawyer and former attorney general of Pakistan Anwar Mansoor Khan failed to show up before the ECP to answer the questions arising from Babar’s analysis of the PTI evidence.

However, a junior PTI lawyer, attending the hearing, requested an adjournment of proceedings on the pretext that a single bench of the Islamabad High Court (IHC) – hearing the PTI’s writ petition challenging the jurisdiction of the ECP to hear the case –on December 5 had passed a verbal restraining order.

The petitioner’s lawyer Badar Iqbal Chaudhry contended that the PTI had now conceded the jurisdiction of the ECP before the IHC; therefore, there was no pretext to adjourn the hearing as the ECP could proceed to conduct analysis of the PTI’s accounts.

Babar personally pleaded before the commission that as a citizen of Pakistan his rights had been continuously trampled with unwanted delays in conducting the hearings for the last three years.

He said for over a year (November 2015 to February 2017), the IHC had not passed any written restraining order and yet the case was suspended at the ECP.

He said the ECP should proceed and pass conclusive orders, which if challenged before the IHC would at least provide an opportunity to the petitioner to challenge any written restraining order before the apex court.

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Without any written restraining order, the case remains in suspended animation and serves the delaying tactics of the PTI without providing any legal course of remedy to the petitioner.

He said that “this is a matter of national importance” and he “is performing his duties as a citizen of Pakistan with the sole intent that political parties must be held accountable for the funds they receive”.

When the PTI junior lawyer demanded for a patient hearing, Chief Election Commissioner (CEC) Justice (retd) Raza remarked, “Even after three years of delays, you are still complaining about not receiving patient hearing … such attitude is unacceptable.”

In its order passed after hearing both the sides, the CEC sought strict compliance of its order under which the PTI central finance secretary has to appear in person before the ECP on the next date of hearing set for January 16 next and submit a response to the questions about the PTI’s evidence.

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