IHC issues pre-admission notice to ECP in foreign funding case

PTI’s counsel says its four petitions were not properly heard by commission


Saqib Basheer December 16, 2019
Islamabad High Court. PHOTO COURTESY: IHC WEBSITE

ISLAMABAD: The Islamabad High Court has issued a pre-admission notice to the Election Commission of Pakistan (ECP) against the Pakistan Tehreek-e-Insaf (PTI’s) appeal on the commission’s October 10 decision in the foreign funding case and sought a reply.

The court also withdrew notice to the extent of Akbar S Babar.

During the hearing, PTI counsel Shah Khawar requested the court to issue a notice to the Attorney General too, while the notice was only issued to the ECP.

Khawar maintained that four petitions of PTI were not properly heard by the ECP.

The lawyer said that the decision that Deputy Attorney General Saqlain Haider could not represent PTI was being challenged.
The court adjourned the hearing of the case till February 19.

The PTI has requested that the October 10 decision of the ECP be annulled.

On October 10, the ECP had rejected four applications filed by the PTI seeking secrecy during the scrutiny of its foreign funding sources. The ECP had in its order raised a serious objection to Assistant Attorney General Saqlain Haider representing the PTI as its lead lawyer, observing that his job was to represent the state, and not a political party.

A scrutiny committee was formed in March last year to complete an audit of PTI’s funding sources in one month. Its mandate was later extended for an indefinite period.

PTI’s founding member Akbar S Babar had filed the case in 2014, alleging that nearly $3 million in illegal foreign funds were collected through two offshore companies and that money was sent through illegal ‘hundi’ channels from the Middle East to the accounts of ‘PTI employees’. He had also alleged that the foreign accounts used to collect funds were concealed from the annual audit reports submitted to the ECP.

IHC verdict

The IHC has issued verdict against PTI petition challenging the formation of foreign funding scrutiny committee.

A two-member division bench of IHC comprising Justice Athar Minallah and Justice Miangul Hassan Aurangzeb released a three-page court order in which the ECP has been directed not to take into account the PTI petition regarding Akbar S Babar's membership.
The PTI had submitted the petition to the ECP last year.

The court declared that there seems to be no apparent reason to annul the verdict released by single bench court of Justice Mohsin Akhtar Kayani.

The verdict said that the observation given by the single bench was not final and that the ECP should decide the case without regard to the observations.

The verdict also maintained that PTI did not want to defer the case.
Earlier, PTI had filed an inter-court appeal against the verdict given by the single bench.

COMMENTS

Replying to X

Comments are moderated and generally will be posted if they are on-topic and not abusive.

For more information, please see our Comments FAQ