IHC forgoes deadline for PTI case adjudication

Divisional bench partially allows PTI’s intra-court appeal

ISLAMABAD:

The Islamabad High Court (IHC) on Thursday set aside the order of a single bench for an early decision of the prohibited funding case against the Pakistan Tehreek-e-Insaf (PTI), saying that the Election Commission of Pakistan (ECP) would complete the proceedings in due course.

A division bench, comprising Chief Justice Athar Minallah and Justice Babar Sattar, partially allowed the PTI’s intra-court appeal, noting that the ECP had so far passed no order. The court also noted that the ECP had assured that impartial action would be taken against all parties.

“We are, therefore, satisfied that, at this stage, neither an adverse order has been passed by the Commission [ECP] nor it is likely to be passed in derogation of the procedure prescribed under rule 6 of the Rules of 2002,” the IHC order said.

“In the light of the assurance given by the representative of the Commission, we have no reason to doubt that all the political parties will be extended equal treatment and that their cases would be concluded with due diligence and within a reasonable time,” the IHC order added.

Read PTI case about prohibited funding, ECP tells IHC

“For the above reasons, we partially allow the appeal by setting aside the judgment, dated 01-04-2022, to the extent of the direction “to decide the pending complaint within period of thirty (30) days”.”

The court disposed of the PTI’s constitutional petition “with the expectation that the Election Commission will complete the pending proceedings against other political parties within a reasonable time and in a fair, just and transparent manner”.

In April, a single bench of the had directed that the  ECP decide complaint against funding of PTI within 30 days. The complaint was lodged by Akbar S Babar, a former founding party member, in 2014. PTI had also moved an application with ECP to restrain Akbar S Babar from appearing in the case but the application was turned down.