ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) on Tuesday expressed its willingness for formation of a commission under the Election Commission of Pakistan (ECP) to examine party’s foreign funds and whether those were acquired through the prohibited sources.
The top court had earlier directed Anwar Mansoor, counsel for the PTI in petition filed by PML-N’s Hanif Abbasi, to seek instructions from party leadership regarding their opinion over formation of a commission. The counsel argued that the petition was not maintainable under Article 184 (3) of the constitution if heard on merits, adding that the procedure for a proper forum for investigation into the matter was given in the law. He said that it was the jurisdiction of the federal government to move a reference in top court against suspected foreign funding of any political party.
The chief justice asked Mansoor if he challenged the ECP’s jurisdiction to investigate a case of foreign funding after general elections are held. He observed that elections are held every five years. He questioned whether the ECP had jurisdiction to determine the source of funding of a political party?
The counsel responded that information regarding party accounts was submitted every year to the ECP.
Chief justice further asked whether ECP at any stage or at the time of submission of account details could look into matter. The chief justice expressed his wonder and observed that it was surprising for court that a party was not taking the foreign funds and not even accepting the jurisdiction of Supreme Court or the ECP.
Justice Faisal Arab observed that it was not mandatory that a party discloses its foreign funds in its accounts before the ECP. The PTI lawyer contended that ECP could only scrutinize the accounts details while auditor was final authority to audit the accounts. He further said that reports of many parties had been objected to but no action had been taken against. Justice Umar Ata Bandial responded that it was wrong and action should have been taken against them.
The counsel told the court that he had no objection to formation of the commission. The chief justice told the counsel that he was representing a political party so he must seek instructions from the party before making such statement.
Earlier, PTI chief also submitted a 35-page reply including an affidavit. Separately, Election Commission of Pakistan (ECP) on Tuesday rejected PTI chief Imran Khan’s plea seeking adjournment of the foreign funding case for indefinite time.
A four-member bench headed by Chief Election Commissioner (CEC) Sardar Raza heard the case. PTI lawyer Shahid Gondal told the bench that Hanif Abbasi’s plea of same nature was being heard by the Supreme Court and the ECP should adjourn the case till the decision by the apex court. The hearing of the case was adjourned till June 7.
