Islamabad : Chief Justice of Pakistan (CJP), Mian Saqib Nisar Wednesday remarked that Election Commission of Pakistan (ECP) has to determine whether funds are prohibited or not.
He made these remarked during hearing of PTI leader Imran Khan’s disqualification case in party funding. A three member bench headed by Chief Justice Mian Saqib Nisar and consisting of Justice Umar Atta Bandiyal and Justice Arab Faisal conducted 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. He said upon basis of what proofs these funds must be declared as prohibited.
Justice Umar Atta Bandiyal remarked that it has to prove first these prohibited funds were received. He added according to PTI prohibited funds were not shifted to Pakistan.
PTI counsel argued ECP has no links with this matter. He said the Court had talked about constituting Election Commission as inquiry commission. He said funds received from dual citizenship are prohibited. He said ECP has no powers to disqualify Imran Khan.
CJP remarked where it has been admitted that funds were shifted to Pakistan. He said certificate was issued upon transfer of funds. Justice Umar Atta Bandiyal also remarked that PTI is neither a registered society nor a company. He said PTI is USA LLC company. He added PTI U.S and PTI US LLC are two different things. He said agent has given 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. Chief Justice also remarked that political party order was enacted under article 17 of the constitution. He said allegation 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 to receive funds from foreign companies but also from local companies. He asked PTI counsel to give explanation about it.
PML-N lawyer Akram Sheikh said overseas have no franchise right. He sought details of funding person. Upon this Justice Umar Atta remarked that constitution give franchise right to dual national holders. He said voting was not possible due to logistic problems. Justice Faisal Arab asked Akram Sheikh it means Imran Khan’s siblings cannot give fund to party.
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 inquired whether auditor was asked about prohibited funding. Akram Sheikh replied Chartered Accountant does not prepare details of party accounts. He said ECP has full power to scrutinize. He said ECP should had asked this question from the party. He said faults in audit report would cost political party.
CJP remarked the law does not restrict ECP to scrutinize statements of accounts. He said it has also power to reject of the auditor. The hearing of the case was adjourned till today (Thursday). PML-N leader Hanif Abbasi’s lawyer assured the court to complete his arguments till next hearing.
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