ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) leader and central secretary finance Sardar Azhar Tariq Khan has contradicted a news report ‘Five yeas on, PTI’s foreign funding scrutiny still not started,’ published in The News on Thursday, Nov 14, 2019.
Calling the report “false, motivated and made up” story, he claimed that the report was published without verifying facts. He alleged that the report was an attempt to undermine the PTI and mislead masses “under covert political motives, in complete disregard of the universally acclaimed standards of journalism and the code of conduct of true and objective reporting, he said in a statement on Saturday.
Clarifying the party position, Sardar Azhar Tariq said “it is categorically stated that Akbar S Babar is not a member of the PTI. In fact, he is a person planted to give false, incorrect and cooked up stories, with mala fide intentions, with a view to discredit the PTI and its members”.
The PTI leader listed following points to contradict ‘The News’ story:- “One: Nowhere in any petition has PTI Chairman Imran Khan said that he was not answerable to any ordinary citizens. Mr Cheema's claim is absurd and crude fabrication.
“Two: The PTI thoroughly believes in the principle of rule of law, it adheres to all laws pertaining to this matter or otherwise and has been assisting all respective forums including Election Commission of Pakistan, Supreme Court and Islamabad High Court for which it has specifically submitted details/respective record not once but many times.
“It is the Election Commission which has an apparent bias and is discriminating against the PTI by not calling for accounts despite the categorical directions of the Supreme Court of Pakistan. The accounts filed by the other parties in the face of the record, published by the ECP needs to be scrutinised by the ECP, but it is not being done. Only the PTI is being targeted.
“Mr Cheema has, with Mala fide intentions, and for unlawful purposes avoided to state. The following chart will demonstrate that all the documents, required by the ECP, were duly filed in time and there has been a complete disclosure. Mr Cheema is incorrect in saying otherwise.
“Three: The petitioner, Akbar S Babar, towards whom the scribe and his publisher are deeply inclined; by overwhelmingly relying upon his narrative without confronting the PTI is an act which is mala fide. Mr Cheema has also not bothered to investigate the intentions of Akbar S Babar, his record of association with the PTI, and whether he is even a member of the PTI, or his objectives to file “frivolous litigation” against the PTI. By this untrue story, you have presented to the readers untrue facts. It is categorically stated that Akbar S Babar has no association with the PTI.
He has parted ways with the party through his own declaration and was removed accordingly by the then SG (secretary general). He has publicly confessed, through his speeches, media talks, comments on the social media and other forms to what he himself terms “destroying the party, its chairman and dragging the party leaders on the roads.
“Four: PTI is contesting false and concocted allegations levelled by Akbar S Babar. Akbar’s various actions before the ECP and before different courts of law/commissions is being seriously contested as PTI has neither breached any law nor has indulged in a condemnable conduct. The executive authority of the ECP had been converted by them into a judicial forum unlawfully, despite the fact that the Supreme Court of Pakistan has categorically held in the case of Hanif Abassi versus Imran Khan Niazi.
“Despite all odds, the PTI has cooperated and contested the proceedings and placed all the true and correct facts and documents before the scrutiny committee, and will continue to do so notwithstanding the unlawful manner the exercise of scrutiny is being conducted in concert with the opponents.
“Five: It is incorrect to say that the PTI had ever boycotted the proceedings of the scrutiny committee, constituted by the ECP to carry out scrutiny of our accounts despite all odds, instead has participated in the said meeting and submitted detailed documents as desired by ECP.
“Six: Linking scrutiny of PTI’s financial details with an on-going accountability of our rival political parties and their leaders is also a clear twisting of facts to promote certain concocted notions against the PTI.
“NAB carries out accountability of the people indulged in corrupt practices under the NAO whereas the ECP carries out its functions given in the Constitution and the Election Act where the PTI as a political party holds no control whatsoever over these two important institutions of state. Even the federal government has got minimal role to play in this regard and hence the idea of impeding the proceedings on our accounts is completely uncalled for and contrary to the facts.
“Seven: the veracity of allegations levelled by the petitioner is yet to be determined by the scrutiny committee and stating them with a self-deceptive sense of authenticity is nothing more than deception and cannot be tolerated.”
Umar Cheema adds: Pakistan Tehreek-e-Insaf rejoinder begins with the claim that the petitioner in foreign-funding case, Akbar S Babar isn’t a member of the PTI.
To set the record straight, the claim in the story that the petitioner of the foreign funding case continues to be a member of the PTI is based on the ECP verdict of May 8, 2017 by a five-member bench, headed by the CEC, which states that “there is not an iota of reference to the effect that he (Akbar S Babar) has been ousted from the party and the membership thereof.”
Similarly, a single bench of the IHC, in its judgment of July 18, 2018, Judge Mohsin Akhtar Kayani states, “In my humble view, respondent No 2 (Akbar S Babar) has not been expelled from PTI” and that he “holds status as member of PTI as per order dated 08.05.2017, passed by ECP.”
The ECP and the IHC had ruled this when the PTI made the similar claim in order to establish that Akbar didn’t have any locus standi in this case.
The PTI has also contradicted that PTI Chairman Imran Khan never stated before IHC that he was not answerable to general public on the questions of alleged irregularities in the party funding. Secretary Finance Azhar Tariq, author of this rejoinder, is advised to revisit the personally signed affidavit of Nov 2015 wherein Imran Khan submitted before the IHC that “there is no concept of scrutiny by the public and there is no concept of the public filing complaint based on their scrutiny.” Affidavit can be sent for Azhar Tariq’s reading in case he has not come across it before.
His claim that the PTI has cooperated with the ECP and repeatedly submitted the required financial accounts is belied by documented evidence. Starting from April 1, 2015, the ECP has repeatedly passed orders for the PTI to submit financial accounts. For example, in its order passed on Dec 1, 2016, the ECP demands that the PTI produce “such documents …without fail, failing which necessary legal inferences shall be taken against the respondents (PTI).” A similar order was passed on August 16, 2017 whereby the ECP directed PTI that “in the circumstances the prayer of stay is declined, and respondent is directed to produce the record in compliance with the orders dated April 1, 2015 and Dec 1, 2016 as a last chance, on or before September 7, 2017 failing which the necessary legal inferences may be drawn.” Copies of orders can be shared with Azhar Tariq in case he has not read them before.
As late as July 3, 2019, the ECP scrutiny committee was forced to write to the State Bank of Pakistan to order production of PTI bank statements that it had failed to produce despite repeated orders of the ECP and the scrutiny committee. (ECP’s letter to SBP dated July 3, 2018 and SBP letter to the Presidents of all Scheduled Banks dated July 12, 2018 can be shared as proof). If, as it claims, the PTI had furnished all its record as directed, why the ECP would resort to requisitioning the same from the State Bank of Pakistan is a question for PTI to contemplate while making its claim of submitting all the documents.
It is ironic that in its latest writ petition, filed before the IHC to stop scrutiny of its accounts, the PTI has produced order sheets of the ECP scrutiny committee which prove the 23 bank accounts revealed as a result of the SBP instructions as against only eight declared by PTI before the ECP. (Proofs can be shared of this claim as well).
The PTI’s secretary finance claims that his party has never boycotted the scrutiny committee proceedings is negated by public record whereby PTI boycotted the October 23 meeting citing the ECP order of October 10 that had termed “this case being the worst historical example of abuse of the process of law.” It had accused the PTI of delaying the scrutiny process “one way or the other.”
After its boycott, the PTI was served a notice by the ECP dated October 29, 2019 whereby it was asked to “clarify as to whether your party has decided to de-associate the proceedings permanently or only for 23-10-2019.” And in case it has opted for “permanent boycott” then the “scrutiny shall continue and report be prepared on the basis of available record and submitted before the Commission.” (Copy of the ECP notice can be shared if Azhar Tariq has lost that).
The allegation that the story is based upon Akbar S Babar’s “narrative without confronting the PTI” is also false. This reporter sought the PTI version from its Secretary General Amir Kiani before filing the story and proof can be shared in this regard as well. Amir neither returned call nor answered the text message.
