IHC dismisses PTI plea against ECP notice in prohibited funding case

ISLAMABAD – The Islamabad High Court (IHC) on Thursday rejected a petition filed by the PTI against the issuance of a show-cause notice by the Election Commission of Pakistan (ECP) in the prohibited funding case.

A larger bench of the court led by IHC Chief Justice Aamer Farooq announced the verdict reserved in January after hearing arguments from both sides.

The petitioner had challenged the Fact Finding Report dated August 02, 2022 issued by electoral body which revealed that the Imran Khan-led party received prohibited funds from a business tycoon and several others foreign nations. The PTI argued that the ECP exceeded authority and jurisdiction for making a declaration insinuating that the PTI is liable to be declared a foreign-aided political party.

The electoral body also said that PTI had failed to discharge his obligation under Article 13(2) of the PPO to file a truthful statement certifying that the party did not receive any funds from any prohibited sources. In line with the fact finding report, the ECP issued a show-cause notice on the PTI.

In reply, Barrister Ahsan Pervez, the counsel for ECP, submitted that the petition seeking judicial review of the “Fact Finding Report was premature”. He said the electoral body had powers to scrutinize the sources of funding of political parties. He said the show-cause notice was issued to the PTI in line with the law.

He submitted that “ECP would afford PTI an opportunity to show cause as to why prohibited funds ought not be confiscated in favour of the State as contemplated under Rule 6 of the Political Parties Rules. During such proceedings PTI would have the opportunity to contest the factual determinations recorded in the Fact Finding Report”.

However, ECP had no authority to review its decision and consequently as part of the show-cause proceedings ECP would not sit in review of the impugned Fact Finding Report, he said.

The counsel said that if PTI managed to establish that contributions and donations received were not from prohibited sources, such contributions and donations would be excluded from the list of funding determined by ECP to be from prohibited sources as reflected in the Fact Finding Report and the show-cause notice.

After hearing the arguments, the court ruled that the PTI petition “is premature and not yet ripe for adjudication”.

The petitioner has been issued a show-cause notice to answer the tentative findings of the report.  “The petitioner will therefore have a right to raise all its objections to seek the correction and/or reversal of findings recorded in the Fact Finding Report, including by raising any jurisdictional objections before the ECP during the show-cause proceedings with regard to findings recorded in excess of its authority,” the court order reads.

It added that PTI could challenge the final decision of the ECP if it was not satisfied with the showcause proceedings.

PTI moves IHC against ECP's ruling on prohibited funding case