- Party’s counsel argues gathering donations from abroad not illegal
- CJ asks PML-N’s counsel to submit a response on dual citizenship
Pakistan Tehreek-i-Insaf (PTI) counsel Anwar Mansoor on Wednesday told the Supreme Court that the PTI-USA Limited Liability Company (LLC) acts as the party’s agent to collect funds from Pakistanis living abroad and to grants them membership to the party.
Presenting the PTI’s case before a three-member Supreme Court bench, headed by Chief Justice Mian Saqib Nisar, he maintained that this manner of gathering donations from party members abroad was not illegal. The bench has been hearing a petition filed by Hanif Abassi, senior leader of the Pakistan Muslim League-N, seeking disqualification of PTI Chairman Imran Khan and Secretary General Jehangir Tareen.
The petitioner accused the PTI leaders of concealing their assets from the Election Commission of Pakistan (ECP). Through his petition, he is seeking to unseat both Imran and Tareen based on their alleged violations of the lncome Tax Ordinance, 1979 and the Peoples Act, 1974. The petition, which was accepted in November last year, also accuses the PTI of being a ‘foreign-funded’ party.
During the hearing, the PTI counsel told the bench that the PTI was registered under the US Foreign Agent Registration Act (FARA). “PTI-USA LLC is the party’s agent and is registered with FARA on the name of an individual,” he said, adding that donations from overseas Pakistanis were accepted on an individual basis.
“The purpose of the LLC is to provide membership to Pakistani-Americans and gather donations from them,” the counsel said. “This kind of funding is not illegal under the Public Representation Act,” he maintained. Justice Umar Ata Bandial reminded the counsel that the prosecution has argued that those who have dual citizenship were not Pakistanis.
“Who will determine whether or not they are Pakistani,” he asked. When the chief justice asked about the agent, Mansoor said that this was a legal requirement. About membership of dual nationals, the counsel said they could become members of political parties in Pakistan. “You accept that funds were collected from abroad but you do not want the Election Commission of Pakistan to question you,” Justice Faisal Arab remarked.
The PTI’s counsel maintained that the ECP does not have the jurisdiction to scrutinise PTI’s accounts. He argued that once a party’s accounts and assets were made public, the ECP’s jurisdiction to investigate them was curbed. “If a local company is providing busses and planes to a party through prohibited means, who will investigate,” the chief justice had asked the lawyer.
“Who has the jurisdiction to investigate illegal funding of political parties,” he again asked. The chief justice said that if the ECP becomes aware of illegal funding, then it does have the right to investigate. “The ECP is not a court where investigations are carried out upon the complaint of a petitioner,” the counsel argued.
“We can ask the ECP to clarify this matter,” the chief justice said. The PTI also submitted documents concerning the PML-N before the apex court, arguing that the PTI was not the only party with branches abroad. “All other parties accept donations from abroad as well,” Mansoor argued.
“The PML-N has a registered company in Britain and collects funds from there,” Mansoor said as he completed his arguments. The documents state that the ruling party has a company in Wales called PML-N UK, which was registered under the Companies Act 2006 in September 2015.
According to the company’s statement of objects, also included in the documents submitted to the court, the company is authorised to receive funds for development, democracy and education. The chief justice remarked that the court has to see whether PML-N had transferred money to Pakistan or not.
On the occasion, Advocate Naeem Bukhari reiterated that his client played cricket from 1971 till 1992, also he was associated with various clubs from 1971 till 1979 and paid the taxes as per the foreign laws. On a question, Advocate Bukhari said that Imran Khan bought his flat in London in 1983 and showed in Pakistan under tax amnesty scheme.
“The question is why Niazi Services Ltd was not showed in his nomination papers,” the chief justice asked. “The entire assets of the Niazi Services Ltd were four pounds and thus it was not showed in the nominations paper because it was not an asset,” Bukhari told the court. Before proceedings ended, the court asked the PML-N’s counsel to submit a response to the matter of dual citizenship. The hearing was adjourned till today (Thursday).
GHOST INVESTORS: Pakistan Muslim League-N leaders said that ghost investors were involved in PTI foreign funding. Minister of Capital Administration and Development Division Dr Tariq Fazal Chaudhry said that PTI received foreign funding from different countries including India.
“Imran Khan is afraid of facing court cases and is running away while his lawyers are requesting for adjournment of the hearing of the case,” he said. Danyal Aziz said that the money transfer documents of Imran Khan from London to Pakistan about the Banni Gala house were fake and has no relevance with the date of transfer of amount.
He said that when the case against another PTI leader Jahangir Tareen would be opened then he would disappear from the scene like his leader. Dr Tariq Fazal said that Imran Khan has always ridiculed the courts but, at the same time, was asking for inquiry of the prime minister in public gatherings.
