The Election Commission of Pakistan (ECP) on Tuesday issued notice to Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan in response to a plea seeking Khan's disqualification over filing false certificates before the Commission during 2010 to 2014. The petitioner, Hashim Bhutta, alleged that the PTI has received funds from prohibited sources whereas the PTI chairman has lied to ECP about the funds. The petitioner claimed that the PTI collected $2.992 million from foreign and other "prohibited" sources.
Appearing on behalf of the petitioner before a five-member bench led by the Chief Election Commission Justice Retd Sardar Muhammad Raza in the matter, Sharaft A. Chaudhry contended that Imran Khan has filed incorrect certificate in respect of party funds saying Khan does not fulfil requirements of the Article 62 and 63 of the Constitution as he received funds through the sources prohibited under the law.
Chaudhry further argued that the PTI Chairman made a fraudulent misrepresentation regarding the sources of his political party's fund under certificates given to the ECP during 2011 to 2014. He alleged the PTI has acquired more than $2.99 million funds from legally prohibited sources, terming it a violation of Political Parties Order, 2002.
Sharafat apprised the bench that during February 2010, the PTI Chairman got incorporated a company known as Pakistan Tehreek-e-Insaf NA, LLC in Texas and in March 2013 an other foreign agent company Pakistan Tehreek-e-Insaf USA LLC, in California, United States of America.
Submitting "documentary evidence" before the bench, Chaudhry said foreign companies were operating on behalf of the PTI under the guidelines of the PTI Chairman saying the companies were a Limited Liability in nature and were managed by the foreigners. Sharaft A. Chaudhry contended that funds are being collected from various foreign individuals, firms, private and public limited companies through these established companies and later on all the funds are transmitted to the PTI Pakistan.
Chaudhry accused the PTI chief of misguiding the ECP through misinformation that he (Imran Khan) never received any funds from a foreign country and thus violated the relevant provisions of the Constitution. Responding to the bench's query that whether there is a permitted source for foreign funding in law, Sharaft A. Chaudhry cited sub-section 4 (f) of Section 3 of the Political Parties Order, 2002. He argued that the relevant provision clearly sets out the restrictions that a political party shall not be formed, organized, set up or convened as a foreign-aided political party. He further contended that only a Pakistani national living abroad can fund a political party in Pakistan.
He further argued that Section 2(c)(iii)of Political Parties Order, 2002 defines foreign-aided political party means a political party which receives any aid, financial or otherwise, from any government or political party of a foreign country, or any portion of its funds from foreign nationals and PTI not only received funds from various foreign nationals, but also from multinationals and domestically incorporated public or private companies, firms, trade or professional associations like the donations were made from Barry C. Schneps, Indher Dosanjh, Suhail Khattri, Lab USA Inc, Freedom Line Ltd, IMGC Global LLC, Goldrock Holdings LLC, Prime Motor LLC, Ecopy America etc.
Sharaft A. Chaudhry pleaded that Imran Ahmad Khan Niazi, in his capacity of Chairman PTI got formed, organized, set up and convened foreign agent companies to seek contribution of funds from sources prohibited under the law.
He further said that these funds are used in a manner prejudicial to the sovereignty and integrity of Pakistan so Imran Khan stands disqualified for lying on record to the ECP on the touchstone of disqualification for Membership of Majlis-e-Shoora provided in sub-section (1) paragraphs (d), (e) and (f) of Section 99 of the Representation of the People Act, 1976.
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