ISLAMABAD: Chief Justice of Pakistan (CJP), Mian Saqib Nisar Wednesday remarked that Election Commission of Pakistan (ECP) has the vested power to determine whether party funds are prohibited or not.
He made these remarks during a hearing of PTI leader Imran Khan’s disqualification case with regards to party’s foreign funding.
A three member bench headed by Chief Justice Mian Saqib Nisar and consisting of Justice Umar Atta Bandiyal and Justice Arab Faisal conducted a hearing of the case.
CJP remarked that political parties have to provide detail of received fund. He said Election Commission of Pakistan (ECP) has to determine this whether funds are prohibited or not.
Justice Umar Atta Bandiyal remarked that the applicant has to prove first these prohibited funds were received.
PTI counsel argued ECP has no jurisdiction within this matter. He said the court had talked about constituting election commission as an inquiry commission. He said funds received from dual citizenship are prohibited. He also added that ECP has no powers to disqualify Imran Khan.
Justice Umar Atta Bandiyal also remarked that PTI is neither a registered society nor a company. He said PTI is a USA LLC company. He added PTI US and PTI US LLC are two different things. He mentioned that the agent has given an oath of not receiving prohibited funds. How the party head could be held responsible, he posed a question?
Justice Umar Atta Bandiyal further remarked that it was clearly inscribed in the documents that funds were collected from Pakistanis. The chief justice also remarked that a political party order was enacted under article 17 of the constitution. He said the allegation at hand was not about receiving funds from foreign government, but only funds and donations. He said it was undefined that who gave how much money.
CJP also remarked that the law does not allow receiving funds from foreign companies but also from local companies. He asked PTI counsel to give an explanation about it.
PML-N lawyer Akram Sheikh pleaded that the overseas have no franchise right. He sought details of funding person.
Upon this Justice Umar Atta remarked that constitution gives franchise, a right to dual national holders.
Akram Sheikh said that Jamaima Khan never took Pakistani citizenship. He said children of Imran Khan do not have the Pakistani citizenship. Upon this CJP remarked these are personal matters and should not intervene.
CJP remarked that the law does not restrict ECP to scrutinise statements of accounts.
He said it has also the power to reject the auditor.
The hearing of the case was adjourned till Thursday (today). PML-N leader Hanif Abbasi’s lawyer assured the court to complete his arguments till next hearing.
