IHC throws out PTI plea against ECP order

Court rules electoral watchdog's judgement is 'correct'

ISLAMABAD:

The Islamabad High Court (IHC) on Thursday dismissed Pakistan Tehreek-e-Insaf’s (PTI) petition challenging the Election Commission of Pakistan’s (ECP) verdict in the party’s prohibited funding case, saying that the commission’s report was "correct".

The high court declared that the electoral watchdog was correct in issuing a show-cause notice to the PTI and rejected party chief Imran Khan's petition.

The decision came after the former premier had challenged the ECP order in the prohibited funding case.

A larger bench comprising IHC Chief Justice Aamer Farooq, Justice Miangul Hassan Aurangzeb and Justice Babar Sattar heard the PTI chief’s petition. The bench had reserved the judgment last month.

The detailed judgment has yet to be released.

Referring to the ECP order against which the legal remedy was adopted, Imran had argued in his petition that the commission had declared his party as foreign-aided and had denied his declaration, claiming that the accounts of political parties were handled by chartered accountants.

The former premier contended that the ECP targeted the PTI and made it a case of “pick and choose”.

IHC Chief Justice Aamer Farooq had previously remarked that the electoral watchdog's decision in the prohibited funding case was an “observation” and that if the PTI proved that the funds were not prohibited, the decision would be changed.

Imran’s daughter case

The Islamabad High Court (IHC) on Thursday decided to constitute a larger bench to preside over a plea seeking Pakistan Tehreek-e-Insaaf chief Imran Khan's disqualification for allegedly concealing his daughter, Tyrian White.

The petitioner, Muhammad Sajid, in his plea maintained that while the former premier denied allegations that he had a daughter, he refrained from commenting on the matter now, allegedly "because he knows that there is evidence against him”.

The application sought the PTI chief's disqualification under Article 62(i)(f) under the pretense that the concealment of the alleged daughter rendered him unfit for office.

Imran submitted his response to the application on Wednesday.

During the proceedings, as IHC Chief Justice Amir Farooq presided over the hearing, the court observed that Imran's primary contention was that he was no longer a public office holder.

The high court also noted that the petitioner challenged Imran's 2018 oath.

The court sought clarification from the Election Commission of Pakistan (ECP) on the matter, requesting a copy of the notification identifying Imran.

The court observed that Imran's legal team had raised concerns over the constitution of the bench.

"You are an excellent judge," Imran's lawyer Abuzar Salman Khan responded. "We have only put forth some information."

The chief justice elaborated that he had recused himself from hearing a similar petition in 2018 but not on personal grounds.

Nonetheless, the judge admitted the PTI lawyer's request, ordering the constitution of a larger bench for Feb 9 the date on which the court will resume the hearing.

In 2018, petitioner Abdul Wahab Baloch had contested that the PTI chairman should be disqualified under Article 62(i)(f) of the Constitution for providing incorrect information in his nomination papers, adding that he was no longer “Sadiq and Ameen”.

The petitioner at the time was a candidate of the Pakistan Justice and Democratic Party in the last general election. Baloch later joined the PTI and filed a miscellaneous petition in Feb 2019 to withdraw the case.

Later, the IHC declared the petition seeking the disqualification of the then prime minister Imran inadmissible.