SC refers foreign funding case to ECP

Bench observes it is ECP's duty to scrutinise accounts of political parties

ISLAMABAD: The top court has referred the matter related to foreign funding case of the Pakistan Tehreek-e-Insaf to the Election Commission of Pakistan for probe.

The three-judge bench, headed by Chief Justice of Pakistan Mian Saqib Nisar in the Imran Khan disqualification case has observed that it is the duty of the ECP to scrutinise accounts of political parties on the touchstone of Article 6(3) of the PPO read in the light of Article 17(3) of the Constitution.

“In this behalf, the ECP must act transparently, fairly and justly, without discrimination among different political parties, seeking election symbols to contest elections to the Constitutional Legislatures of Pakistan."



“For undertaking such scrutiny, it shall be reasonable for the ECP to examine the accounts of a political party within five years of the objected accounts of that party having been published in the official gazette,” says the order.

The judgment said that the allegation that the PTI is a foreign-aided political party can under Article 15 of the PPO be levelled only by the federal government for its validation on a reference made to this court.

The petitioner has no locus standi in this behalf. Whether the PTI has received political contributions and donations from sources that are prohibited under the provisions of Article 6(3) of the PPO is a matter, which for the reasons given in our opinion, is referred for determination in accordance with law by the ECP in exercise of jurisdiction conferred by the PPO and the Rules framed thereunder.



The court also said that the alleged falsity of the certificates issued by Khan under Article 13(2) of the PPO is a secondary fact, ascertainable by a competent court of law after the ECP gives its findings whether any prohibited funding has been received and collected by the PTI in terms of Article 6(3) of the PPO.