Foreign funding case: IHC disposes of PTI leader’s plea

ISLAMABAD: The Islamabad High Court (IHC) on Thursday disposed of an application moved by the Pakistan Tehreek-e-Insaf (PTI) leader Aamir Kayani, seeking a level-playing field among all parties in the foreign funding case pending before the Election Commission of Pakistan (ECP).

A division bench comprising Chief Justice Athar Minallah and Justice Babar Sattar heard the application filed by the PTI leader through advocates, Anwar Mansoor Khan and Naveed Anjum.

The IHC bench observed in its written order that admittedly, no adverse order is likely to be passed against the petitioner party at this stage because the ECP, after concluding the pending proceedings, would be required to consider whether or not to issue a show-cause notice under rule 6 of the Rules of 2002.

It added, “The prayer sought in the application is, therefore, misconceived and it is disposed of accordingly.”

During the hearing, in response to a court’s query, the representative of the ECP stated that the pending proceedings would be followed by the procedure prescribed under rule 6 of the Political Parties Rules, 2002, provided the Commission is satisfied that sufficient material is available to issue a show-cause notice.

He unequivocally stated that the pending proceedings are not regarding allegations relating to “foreign aided political party”, defined under clause (c) of section 2 of the Political Parties Order, 2002.

However, Mansoor stated that the issuance of a show-cause notice is likely to adversely affect the petitioner party, if other political parties are not treated at par.

The IHC bench noted that the Commission has been established under the Constitution and it is competent to regulate its own proceedings. It said, “the counsel may raise the same concerns on behalf of the political party before the Commission and we see no reason why they would not be considered so as to ensure [a] level playing field for all the parties.”

“We repose our confidence in the Commission and we have no reason to doubt that the legitimate rights of the petitioner party will not be safeguarded,” maintained the IHC bench.

The PTI stated in the application that it filed an Intra-Court Appeal No166/2022 on 19.04.2022 challenging the order dated 01.04.2022 passed by the single judge, whereby, it was directed that the case of the PTI pending with the ECP be concluded within one month.

It added that a division bench of the IHC clubbed the ICA with the main petition and it observed that the restriction on the ECP as to conclude the matter within one month, is removed. It was further observed that the ECP should ensure that an uneven playing field is not created by treating the political parties differently.

The counsel said the division bench also observed that the cases of all the parties should be heard and decided in the same footing without any discrimination. He submitted that the scrutiny of PPP (P) and PML-N commenced simultaneously with that of the PTI.

However, per record PTI was discriminated against where the case of PTI was taken on war footing entering into a complete fishing enquiry by the Scrutiny Committee going beyond the scope of the complaint filed.

The PTI prayed that the ECP be restrained from proceeding further in the case of the PTI till such time the cases of other parties are proceeded with and brought to the same stage where the case of the PTI is placed so that there is a level playing field among all the parties.

Copyright Business Recorder, 2022