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Friday April 26, 2024

PTI foreign funding case: ECP resumes hearing on Oct 1

By Mumtaz Alvi
September 27, 2019

ISLAMABAD: The Election Commission of Pakistan (ECP) will resume hearing into the PTI foreign funding case on October 1, 2019 after a gap of 18 months and is likely to review the input of the Special Scrutiny Committee regarding scrutiny of the funding and breach of the related laws.

To this effect, notices have been issued to the petitioner and PTI founding member Akbar S Babar through his counsel Syed Ahmed Hassan Shah and PTI. It may be recalled that the ECP hearings of the case were adjourned in March 2018 after a three-member Special Committee was formed to scrutinise PTI foreign funding.

The committee, comprised the Director General Law, ECP and two auditors (DG Audit Defence Services and Controller Accounts Pakistan Air Force), was initially mandated to scrutinise PTI accounts in one month. Subsequently, its mandate was extended by two months and then for an indefinite period.

Following the consistent alleged delaying tactics of PTI to produce financial documents including bank statements despite over two dozen meetings of the committee, on July 3, 2018, the ECP wrote to the State Bank of Pakistan to produce bank statements of all PTI bank accounts for the period 2009–2013.

The SBP complied by writing letters to all scheduled bank presidents demanding PTI bank statements to be submitted to Election Commission by July 16, 2018. After the initial scrutiny of PTI bank statements received by ECP, over a dozen bank accounts all over Pakistan operated by the party leadership that were never disclosed before the ECP, were revealed.

As per media reports, a total of 18 fake PTI accounts were discovered that contain billions of rupees of transactions in rupees and foreign currencies which are all believed to be illegal. The foreign funding case was filed in November 2014 by the PTI founding member Akbar S Babar alleging corruption, money laundering, and concealment in managing PTI funds by the top party leadership.

In an effort to stall scrutiny of its accounts, PTI has filed at least 5 writ petitions and several applications before the ECP to suspend scrutiny of its accounts causing delays on one or another pretext including challenging the jurisdiction of the ECP. PTI even filed an application seeking scrutiny of its accounts in secrecy.

Meanwhile, the ECP issued notice to 42 political parties on non-submission of consolidated statement of its accounts audited by a chartered accountant on Form-D containing therein annual income and expenses, sources of its fund and assets and liabilities.

These parties include: ANP, Balochistan Awami Party, Balochistan National Party, Jamiat Ulama-e-Pakistan (Noorani), Mohajar Qaumi Movement, Pakistan Muslim League, Pakistan Muslim League-Z, Pakistan Sunni Tehrik, Pakhtunkhwa Milli Awami Party, Tehrik-e-Labbaik Islam and All Pakistan Muslim League. It is needless to say that non-compliance of the legal requirement will bar them from electoral processes in future.

The ECP contended in the notice that Section 210 of the Elections Act, 2017, read with rule 159 of the Election Rules, 2017, thereof, provides that a political party shall, in such a manner as may be prescribed, submit to the Election Commission, within 60 days from the close of financial year, a consolidated statement of its accounts audited by a chartered account on Form-D, containing therein annual income and expenses, sources of its funds and assets and liabilities.

Section 215 (1) of the act provides that a political party enlisted under this act, shall be eligible to obtain an election symbol for contesting elections for Majlis-e-Shoora (Parliament), provincial assemblies or local government on submission of consolidated statement of its accounts.

Now, whereas, you have failed to provide the consolidated statement of party accounts under Section 210, therefore, in terms of Section 215 (4) of the Elections Act, 2017, you are required to show cause as to why your party may not be declared ineligible to obtain an election symbol for upcoming election (s). Your reply to this show cause notice should reach this Commission within a week of its issuance, failing which the ECP shall take further action under law,” the notice issued to the parties, said.