Risks, dangers for IK, PTI after ECP decision

ISLAMABAD: The ECP’s decision has all the ingredients to damage the PTI and its top leadership.

Much depends on the government how hard it would like to proceed against IK and the PTI, taking cue from the ECP decision. However, the fate of Khan and his party would be finally decided by the Supreme Court of Pakistan. If the government remains unmoved, the ECP case would still continue to hang over the PTI and its chairman’s head like a sword of Damocles.

The ECP decision, which is based on hard facts about the sources of prohibited funding, could trigger any number of cases — constitutional, criminal and civil — against the PTI and its leadership.

From confiscation of the prohibited funds that the party is proven to have received to the withdrawal of its election symbol, disbandment of the PTI and disqualification of Imran Khan, these are being discussed by political and legal circles as obvious cases emanating from the ECP decision. The Supreme Court will, however, finally decide these cases.

The ECP decision can also lead to framing of criminal cases involving money-laundering, unknown bank accounts and receipt of funds from nationals of enemy countries, etc., against the PTI leadership. The FIA, State Bank of Pakistan, NAB and even police could be engaged in cases and probes in the light of the ECP decision.

What is, however, most serious about the ECP decision against PTI Chairman Imran Khan and can lead to framing of a case for his disqualification is contained in para 50(k), which reads as: “The Chairman of PTI for financial year 2008-09 to 2-12-13 (Five Years) has submitted Form-I which were found to be grossly inaccurate on the basis of the financial statement obtained by this commission from SBP and other material available on record.”

According to the ECP, each certificate certifies that the PTI was operating as per Pakistani statutes and made a declaration about the accounts for the source of its funds as mandated under Article 17(3) of the Constitution.

It added, “Being head of the Political Party and as Chairman it was obligatory on Mr Imran Khan to ensure that all the disclosures and submissions are made to the Election Commission strictly in accordance with the laws. On the basis of records available before us, this Commission is constrained to hold that Mr Imran Khan failed to discharge his obligations as mandated under the Pakistani Statutes.”

There is another damaging aspect of the decision for the person of Imran Khan. According to the ECP decision, there are two bank accounts among those not declared by the PTI, opened on the request of Imran Khan himself but not declared before the ECP. One of these accounts was US$ account, opened in a Pakistani bank branch in Islamabad on the request of Imran Khan with the account title of PTI. From this account, an amount of US$ 51,750 was withdrawn and an amount of US$51,750 was deposited.

The second account was a rupee account and opened in HBL Islamabad Civic Centre branch on the request of Imran Khan. From this account, an amount of Rs84.141 million was withdrawn and an amount of Rs86.890 million was deposited in this account.

What is really worrisome for both Imran Khan and the PTI that he had created over two decades back is the ruling of the ECP that the “PTI Pakistan knowingly and wilfully received donations” from foreign companies and foreign individuals in violation of law and the Constitution.

The ECP in its decision issued show-cause notice to the PTI, as to why the prohibited funds may not be confiscated. Confiscation of the prohibited funds is the domain of the ECP. Regarding the dissolution of the PTI, it is the power of the federal government to refer the case of dissolution of a “foreign aided” party to the Supreme Court for decision.

The question about Imran Khan’s disqualification could be decided either by the ECP or the Supreme Court of Pakistan. Any private petitioner or even the government could file a case before the ECP or in the Supreme Court, seeking Imran Khan’s disqualification in the light of ECP’s decision in the PTI foreign funding case.