IHC Chief Justice Aamer Farooq remarks court exists to make legal decisions, not resolve political matters
\n ISLAMABAD
\nThe Islamabad High Court (IHC) Wednesday reserved its verdict on Pakistan Tehreek-e-Insaf\u2019s (PTI) plea against the Election Commission of Pakistan\u2019s (ECP) ruling in the prohibited funding case.
\nThe ECP had, in August last year, ruled that the party had received \u201cillicit\u201d funds and donations from the United States, Australia, Canada, and the United Arab Emirates (UAE). A larger bench of the IHC \u2014 headed by IHC Chief Justice Aamer Farooq and comprising Justice Miangul Hassan and Justice Babar Sattar \u2014 heard the case.
\nAhead of reserving the verdict, IHC Chief Justice Aamer Farooq remarked that the court exists to make legal decisions and not resolve political matters. He added that the ECP was only supposed to work constitutionally, which was limited to the confiscation of funds.
\nThe IHC has told the election commission that if the party succeeds in proving that its funding was not prohibited, then the ECP would have to take back its August decision. Addressing the ECP\u2019s counsel, Justice Farooq said that the court will make it clear that the issuance of show cause is done with a purpose, it isn\u2019t an aimless action. \u201cIf the ECP is determined to stick with its original decision, then the show cause has no point.\u201d Justice Sattar remarked that the ECP is an autonomous institution asking the PTI to satisfy the electoral body.
\nThe ECP\u2019s counsel, meanwhile, said that if the PTI is able to satisfy the commission about new evidence related to the funding and that it is not illicit, then their funds won\u2019t be confiscated.<\/p>\n
PTI\u2019s lawyer Anwar Mansoor Khan said the ECP, while declaring the PTI as a foreign-funded party, termed its chairman Imran Khan\u2019s declaration incorrect.<\/p>\n
\u201cChartered accountants deal with matters of accounts for political parties. The election commission\u2019s report has targeted us,\u201d he said.<\/p>\n
Justice Farooq mentioned that the commission has not given any declaration in its report.<\/p>\n
\u201cThe election commission\u2019s ruling is being called an order, report, or merely an opinion at places. In my view, it is a fact-finding report,\u201d the chief justice remarked.<\/p>\n
The ECP\u2019s counsel insisted that it is not just a report but a verdict. \u201cElection commission cannot issue a show cause notice without the verdict,\u201d the lawyer said.<\/p>\n
Barrister Mansoor said that the ECP did not notice the PTI chief.<\/p>\n
Justice Farooq asked the PTI counsel if he fears Khan will be disqualified for this matter. The ECP will neither give any declaration in their show-cause notice nor pursue criminal proceedings, he said.<\/p>\n
\u201cElection commission\u2019s show cause notice is only limited to confiscation of funds. What will happen if a party\u2019s funds get confiscated and there is no balance in the party accounts?\u201d Justice Farooq asked the ECP\u2019s lawyer, responding to which he assured him cooperation.<\/p>\n
Justice Hassan inquired if the ECP had any legal authority to direct the matter to the federal government.<\/p>\n
\u201cUnder which law did you refer the matter to the federal government?\u201d he asked the ECP counsel, commenting that doing so was equivalent to acting out on grudges against the party.<\/p>\n
The justice reprimanded the commission\u2019s counsel.<\/p>\n
While referring to Article 62(1)(f) of the Constitution, which pertains to the qualification of members of Parliament and the terms sadiq and ameen, he said: \u201cYou declared a man to be dishonest. If someone were to start Article 62(1)(f) proceedings against him what would you do? Especially, if the PTI was to successfully defend itself against the show cause?\u201d<\/p>\n
The ECP\u2019s legal counsel replied that the matter would end automatically, should the PTI successfully defend itself.<\/p>\n
He further added that if the ECP had not referred the matter to the federal government, the government could have taken action since the report is now public. \u201cWe will listen to the PTI in the matter of the show cause with an open mind,\u201d he clarified.<\/p>\n
Justice Sattar observed that the matter was a simple one and had been drawn out unduly for six years.<\/p>\n
Addressing the PTI counsel, he said that it was incumbent on each party to provide details of its funds. \u201cIf the ECP is not satisfied, the funds are confiscated through a show cause notice,\u201d he said and added, \u201csince a show cause notice has been issued to you, you must respond with evidence to satisfy them\u201d.<\/p>\n
At this, Mansoor underscored the fact that the ECP had declared it would not retract its decision. He further requested that the IHC ask the ECP to delete the last two sentences of its report.<\/p>\n
The chief justice maintained that this was beyond its current scope and the matter would be looked into by the court during the judicial review. He reiterated that the ECP had already said it was willing to hear the evidence without any bias.<\/p>\n
On the ECP counsel\u2019s assertion that the commission had no authority to review its decision, Justice Hassan wondered about the point of the show cause.<\/p>\n
\u201cYou do not have the power to change the decision, but if it were to be discovered that the funds are not prohibited, then the decision will have to be altered,\u201d he stated.<\/p>\n
After hearing the arguments of both parties, the court reserved its decision.<\/p>\n","protected":false},"excerpt":{"rendered":"
IHC Chief Justice Aamer Farooq remarks court exists to make legal decisions, not resolve political matters ISLAMABAD The Islamabad High Court (IHC) Wednesday reserved its verdict on Pakistan Tehreek-e-Insaf\u2019s (PTI) plea against the Election Commission of Pakistan\u2019s (ECP) ruling in the prohibited funding case. The ECP had, in August last year, ruled that the party […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[],"class_list":{"0":"post-306860","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-top-news"},"yoast_head":"\n