Allegation of foreign funding proved on PTI, show-cause notice issued
The Election Commission of Pakistan has said in its decision on the prohibited funding case that the allegations of taking foreign funds against the Pakistan Tehreek-e-Insaaf party of former Prime Minister Imran Khan have been proved.
This decision was reserved by the Election Commission on June 21, which was announced today. The Election Commission has issued a show-cause notice to PTI regarding why these funds should not be confiscated.
On the occasion of the decision of this case, 1400 policemen of Police, Rangers and FC have been deployed at Election Commission and other important places.
According to the security plan from police sources, there is a fear of disturbance of peace after the decision of the case, so anti-rights forces have been deployed to deal with any unusual situation or disturbance, while tear gas has been deployed. There are also provisions for usage.
Apart from the Election Commission, Nepra Building, Nadra Chowk and Sarina Chowk have been cordoned off with barbed wire.
Apart from this, F9 Park, Faizabad, Bri Imam T Cross and Express Chowk, Marriott Hotel and Zero Point Bridge have also been cordoned off.
The fire brigade and ambulance service have also been asked to be present at the spot to deal with any emergency.
Details of the case
This case of alleged prohibited funding was under hearing in the Election Commission since 2014. Tehreek-e-Insaf founder Akbar S. Babar brought the case before the commission about seven-and-a-half years ago when he was estranged from the party and top leadership due to internal differences.
The other political parties remained silent on this issue for some time but as soon as Imran Khan started making the opposition political parties his target, the leadership of these parties also started demanding that Tehreek-e-Insaf get foreign support. Funding should be accounted for.
Over the years, Tehreek-e-Insaf has been active in preventing the Election Commission from giving a final verdict in the case. A few months ago, when a one-member bench of the Islamabad High Court ordered the Election Commission to deliver a decision on the prohibited funding case within 30 days, Tehreek-e-Insaf approached the court against the decision and took a stand that they (PT I) is being discriminated against.
PTI also said that similar cases against other political parties are pending in the Election Commission, but the court has not ordered the Election Commission to give a decision regarding any other political party.
After hearing the case, the Islamabad High Court suspended the single bench decision to give the Election Commission 30 days to decide on the prohibited funding of PTI and also asked the Election Commission to treat all political parties equally. Notice was issued on the request of Pakistan Tehreek-e-Insaf (PTI).
Former Prime Minister Imran Khan and his party have been claiming for the past six years that his party PTI has not received funds from prohibited sources but documents of all received funds are there.
In an interview given to a private TV channel a few days before the success of the no-confidence motion against him, Prime Minister Imran Khan had claimed that two countries had offered him financial support in the general elections, which he had not accepted. was Imran Khan did not reveal the names of these two countries saying that revealing their names will damage Pakistan's relations with these countries.
What is a prohibited funding case?
In his petition filed with the Election Commission, Akbar S. Babar had alleged that the Pakistan Tehreek-e-Insaaf received funds from foreigners other than Pakistanis living abroad, which Pakistani law does not allow.
Akbar S. Babar claimed that he raised the issue of funds allegedly received by the party from prohibited sources for the first time in 2011 before party chairman Imran Khan and requested that A committee should be formed under the chairmanship of another member of the party, Justice Retired Wajihauddin, to look into this matter, but due to the lack of action by Imran Khan, he took the matter to the Election Commission.
Akbar S. Babar had alleged that limited liability companies were formed to collect donations from Pakistanis living there for the Jamaat in the United States and the United Kingdom and the funds were obtained from prohibited sources.
He also alleged that the party received funds from Australia and other countries through prohibited sources and this money was transferred to the account of the workers working in Pakistan Tehreek-e-Insaaf, while funds were also received from the Middle East countries through hundi. Money was sent to the fund.
Tehreek-e-Insaaf has always denied these allegations at every forum and the party claims that all the funds received by them have been obtained under the prevailing laws in this regard in Pakistan.
Tehreek-e-Insaaf kept dozens of accounts secret
After the decision of the Supreme Court, the Election Commission constituted a three-member committee under the chairmanship of the Director General of the Election Commission in March 2018 to investigate the prohibited funding of Pakistan Tehreek-e-Insaaf on the request of Akbar S. Babar.
Auditor General of Pakistan and a representative of the Ministry of Finance were also part of this scrutiny committee.
In the prohibited foreign funding case against Pakistan Tehreek-e-Insaf, the report of the Election Commission's Scrutiny Committee stated that Tehreek-e-Insaf kept secret the amount received from the Election Commission of more than 31 crores. According to the Election Commission, dozens of accounts by Tehreek-e-Insaf have not been opened.
In the report of the Election Commission's three-member scrutiny committee released in the first week of January this year, it was said that Tehreek-e-Insaaf had provided 'false information' regarding donations to the Election Commission.
The report said that Tehreek-e-Insaaf has not revealed the complete sources of foreign funding except for a few individuals due to which the Scrutiny Committee is unable to comment on it.
According to the report, Tehreek-e-Insaaf received funds from European countries and Middle East countries, including America, Canada, United Kingdom, Japan, Singapore, Hong Kong, Switzerland, Netherlands and Finland.
According to the Commission, the Scrutiny Committee was not given access to the fund received by Tehreek-e-Insaf from New Zealand.
According to the Scrutiny Committee, when the parties including Tehreek-e-Insaaf did not cooperate regarding access to the complete data, then the committee obtained access to the records from 2009 to 2013 from the State Bank of Pakistan and other banks of Pakistan with the permission of the Election Commission. And so this report was compiled.
What happened to this application in the Election Commission?
When this application was submitted by Akbar S. Babar to the Election Commission, the matter was taken to the Islamabad High Court six times at different times by the leadership of Pakistan Tehreek-e-Insaaf before the process started. It was held that the Election Commission has no legal authority to examine the accounts of any party.
Tehreek-e-Insaaf filed nine different petitions in this case and changed only nine lawyers, while the Election Commission has repeatedly requested to keep the details of the prohibited funding case confidential.
Once the injunction was granted, when the Islamabad High Court refused to grant further injunctions, the jurisdiction of the Scrutiny Committee investigating the matter was challenged by the Tehreek-e-Insaf and sought to prevent the committee from doing its work. An application was also made to obtain an injunction.
Pakistan Tehreek-e-Insaf Member of National Assembly Farrukh Habib was of the view that a political party cannot be prevented from using the available legal option.
It should be noted that when Pakistan Muslim League-Nawaz leader Hanif Abbasi challenged the eligibility of the current Prime Minister Imran Khan in the Supreme Court, a separate application was also filed with him regarding the alleged prohibited funds received by PTI. And while giving a decision on the same application, the Supreme Court had decided in the year 2016 that the Election Commission has the authority to investigate the funding of political parties.
The Supreme Court had also ordered the Election Commission to investigate the funds received by Tehreek-e-Insaaf between 2009 and 2013.
How do political parties raise funds from abroad?
The various political parties of Pakistan have set up limited liability companies in various developed countries, including the United States and the United Kingdom, in charge of which are Pakistanis residing in the Pakistan who have dual citizenship.
The appointment of these agents or agents is done under the Foreign Agents Registration Act.
These agents collect funds for their party from Pakistanis with dual citizenships in these countries or who have NICOP cards and then send them to Pakistan. These agents are sent the party manifesto and are instructed not to receive funds for the party from any foreign government, personality or institution other than Pakistanis.
PTI is not responsible for irregularities in foreign donations
Pakistan Tehreek-e-Insaaf has always denied these allegations and claimed that all the funds they have collected from foreign countries are in accordance with the law.
However, in the statement presented by the Tehreek-e-Insaaf to the Election Commission's Scrutiny Committee this year, it was held that if there is any irregularity in the donations received from foreign countries, then the party is not responsible for it. is imposed on the agent whose services are engaged for the work.
Based on this reply, the opposition political parties claimed that Pakistan Tehreek-e-Insaaf had admitted that they had received funds from prohibited sources.
Shah Khawar, a lawyer representing the Pakistan Tehreek-e-Insaf in the Election Commission, told that in response to a question from the Scrutiny Committee, it was stated that if the agents violated the law of Pakistan, a foreign company or If any donation has been received from a person, then the responsibility will not be on his party but on those agents and action should be taken against him as per local law.
In Pakistani history, only one political party was banned
Allegations have been made on political parties in Pakistan in different periods that they are being provided financial support by such and such an enemy country or a country that has any interests in Pakistan, but in the history of the country, the Election Commission has banned only one political party. , who was accused of having raised funds through prohibited means to run the party. It was the National Awami Party.
The National Awami Party was a progressive political party and was founded in 1958 by Abdul Majeed Khan Bhashani in Dhaka, then the capital of East Pakistan and present-day Bangladesh.
The party played a role in making East Pakistan Bangladesh, after which it was banned under former Prime Minister Zulfikar Ali Bhutto after charges of 'treason' and 'taking funds from India' were leveled against it.
Since then no political party has been banned.
What does the law say about restricted funding?
Under sub-section 3 of Section 204 of the Election Commission Act, 2017, funds directly or indirectly received by any political party from any foreign government, multinational or private company or individual are prohibited funds.
The act specifies that Pakistanis holding dual citizenships or those who have been issued a NICOP card by the National Database Registration Authority, do not apply.
Apart from this, under sub-section four of Section 204, if it is proved that a political party has collected funds through prohibited means, then the Election Commission is empowered to confiscate all the money in the party's account. There is a pass. A party receiving funds from foreign companies or governments may also be banned.