The ECP’s ruling that the PTI did receive prohibited funding after an eight-year delay has come as a shot in the arm of the beleaguered ruling coalition that swung into action on Tuesday to find ways to knock out the Imran Khan-led party.
The federal government is also tapping into Article 17(3) of the Constitution to trigger legal proceedings against PTI and seeking the federal cabinet’s approval for a permanent ban on the party.
Speaking to The Express Tribune, Law Minister Azam Nazeer Tarar hinted at the possibility of legal action against PTI in the wake of ECP’s ruling by declaring it a “foreign-aided” party.
Tarar said that the government could notify the PTI as a foreign funded political party and could also forward a reference to the Supreme Court.
Addressing a press conference along with Interior Minister Rana Sanaullah, the law minister said that the Ministry of Parliamentary Affairs, the Ministry of Law and Justice and the Ministry of Interior would consider each word of the Election Commission's decision in detail and the law would take its course.
He said that Pakistan Muslim League-Nawaz leader Hanif Abbasi had filed a petition before the Supreme Court with reference to Imran Khan using prohibited funds for creating chaos and disorder in the country, on which the apex court had stated that the Election Commission of Pakistan would examine this matter.
He said that the Supreme Court had also stated that the federal government would decide to ban the party on ECP's report regarding foreign funding.
The third option up the government’s sleeves, the law minister emphasised, was the knocking at the Supreme Court’s doors. He explained that in the Hanif Abbasi case, the top court had made a false affidavit subject to the decision of the ECP or any other court.
“And now that the ECP has declared Imran Khan's affidavit invalid, the federal government can directly refer the fake affidavit to the apex court to pave a legal way for Imran’s disqualification under Article 62, 63,” the law minister added.
It is pertinent to note that the apex court discussed in detail the question of foreign funding in its 2017 judgment on a petition filed by PML-N leader Hanif Abbasi, who had sought the disqualification of Imran Khan.
The SC bench led by the former CJP Mian Saqib Nisar, while making a distinction between a ‘foreign aided’ party and ‘prohibited funding’, referred the case on December 16, 2017, to the ECP for a probe.
The judgment noted 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 light of Article 17(3) of the Constitution.
PML-N’s counsel Akram Sheikh had submitted that the PTI is a ‘foreign-aided’ political party in terms of Article 2(c) (iii) of the Political Parties Ordinance (PPO) 2002 as it received contributions prohibited under Article 6(3) thereof read with Article 17(3) of the Constitution.
He had argued that despite the above-stated position, Imran Khan personally issued certificates to the ECP in terms of Article 13(2) of the PPO to the effect that PTI “does not receive funds from prohibited sources”, meaning thereby that it is not a foreign-aided political party.
“He is, therefore, liable to be disqualified from holding elective office or being elected thereto under Articles 62(1) (f) and (g), and 63(1)(p) of the Constitution,” he had said.
However, the apex court in its judgment had noted that it is not the case that the PTI was formed or organised at the instance of any government or political party of a foreign country or is affiliated to or associated with any government or political party of a foreign country, or receives any aid, financial or otherwise, from any government or political party of a foreign country.
Govt to place PTI leaders on ECL
Meanwhile, in tandem with its other efforts to initiate legal proceedings against PTI, the government on Tuesday also decided to place the names of PTI leaders on the Exit Control List (ECL).
The government has decided to include the names of former National Assembly speaker Asad Qaiser, former Sindh Governor Imran Ismail, Ahad Rasheed, Samar Ali Khan, Seema Zia, and Najeeb Haroon.
Jahangir Rahman, Khalid Masood and Zafarullah Khattak will also not be able to go abroad after being named in the ECL.
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