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08-01-2017, 06:46 AM
https://www.thenews.com.pk/assets/uploads/akhbar/2017-08-01/l_220458_050321_print.jpg ISLAMABAD: The Supreme Court (SC) on Monday observed that the Pakistan Tehreek-e-Insaf (PTI) was **t clear in the matter of foreign funding and said that the Election Commission of Pakistan had the right to have an inquiry in this regard.
The apex court said that every political party was required under the law to furnish details pertaining to its foreign funding sources.
A three-member bench of the apex court headed by Chief Justice Mian Saqib Nisar resumed hearing into the petition filed by PML-N leader Hanif Abbasi, seeking disqualification of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan and its Secretary General Jehangir Tareen over their alleged tax evasion.
The court, while taking up the matter pertaining to foreign funding sources of Pakistan Tehreek-e-Insaf (PTI), observed that under Article 17(3) of the Constitution every political party shall account for source of its funds.
Anwar Mansoor Khan, the PTI counsel, who was earlier on general adjournment for being abroad for some medical check-up, appeared before the court on Monday. He submitted that he had filed with the court, details pertaining to the PTI funding and hopefully had addressed all the questions.
He contended that the Election Commission of Pakistan (ECP) had ** right to audit a political party’s funds after they had been audited by a chartered accountancy firm. He said that the ECP could only conduct scrutiny and **t an inquiry of the funds. The learned counsel submitted that there was ** provision available in the law that allowed the ECP to inquire into a party’s funds once its details had been submitted to it.
The Chief Justice, however, observed that the ECP could probe if matter pertaining to prohibited source came to it.
Anwar Mansoor contended if there appeared any doubt about the prohibited source, the ECP could refuse to allow election symbol to any political party. Justice Faisal Arab, a member of the bench, observed that Pakistan Tehreek-e-Insaf did file its audit report with the ECP but it was **t accepted.
Meanwhile, Muhammad Akram Sheikh, counsel for the petitioner Hanif Abbasi in his rebuttal, alleged that Imran Khan had filed fake, bogus and forged documents with the court.
“All the documents are fake and self-prepared and an attempt has been made to exempt foreigners and multinational companies for funding the party”, Akram Sheikh contended. He submitted that the PTI had invaded the sanctity of this court while submitting forge documents.
At this, Chief Justice observed that there was a need to initiate a detailed inquiry into the matter. Akram Shiekh however, contended that there was ** need to probe the matter as he said that the PTI had admitted colleting funds abroad from prohibited sources.
“They have invaded the sanctity of this court”, Akram Sheikh contended, adding that Imran Khan had sworn false statement and affidavit before the ECP that the party was **t foreign funded and had ** prohibited sources.
Therefore, he contended that Imran Khan had **t acted as sagacious, righteous, Sadiq and Amen and had entered dangerous arena of loyalty and patriotism and he was hit by Article 17(3) of the Constitution read with the section 6(3) of Political Parties Order therefore he should be disqualified under Article 63(1)(p).
The learned counsel submitted that they were only making evasive denial about prohibited funding, as they had **t disputed the lists submitted by PTI LLC, in FARA, which contained the names of foreign do**rs and corporations that had donated a substantial amount to PTI over the years.
“The agents did **t deny the facts that they have **t collected donations from prohibited sources, rather they only certified the facts that amount that was remitted to PTI Pakistan was **t from prohibited sources”, Akram Sheikh submitted.
He recalled that the names of all those do**rs that came in the prohibited degree (foreigners ,corporations) and had been highlighted in CMA 7231/16 and CMA 3523/17, the same had been *******/omitted from the CMA 5256/17 that had been submitted in the apex court.
Similarly, he contended that ** proof had been submitted to the Supreme Court regarding their status of dual nationality/citizenship.
The learned counsel contended that details that were submitted to the Supreme Court through CMA 5256/17 did **t meet the criteria of FARA law [section 5.201(e)] and Article 89(5) of Qa**on-e-Shahadat Order 1984.
“As ** limitation period is given in Political Parties Order 2002, for the scrutiny of political parties account, it can**t be treated as a past and close transaction,” Akram Sheikh contended.
He informed the court that the documents provided by the PTI did **t include those foreigners and companies in the US that remitted millions of rupees to PTI. Akram Sheikh asked as to whether the PTI had taken any action against those agents for providing funds from prohibited sources.
Justice Umar Ata Bandial, a member of the bench, observed that the learned counsel had raised an important question.
Anwar Mansoor Khan, counsel for PTI however, submitted if their agents in the US had generated funds from prohibited sources, Imran Khan was **t responsible for this, adding that the party was **t aware of this.
The PTI chairman had strictly instructed the agents **t to collect funds from those sources which violated Political Parties Order, Anwar Mansoor contended. Meanwhile, the court adjourned the hearing till today (Tuesday).
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The apex court said that every political party was required under the law to furnish details pertaining to its foreign funding sources.
A three-member bench of the apex court headed by Chief Justice Mian Saqib Nisar resumed hearing into the petition filed by PML-N leader Hanif Abbasi, seeking disqualification of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan and its Secretary General Jehangir Tareen over their alleged tax evasion.
The court, while taking up the matter pertaining to foreign funding sources of Pakistan Tehreek-e-Insaf (PTI), observed that under Article 17(3) of the Constitution every political party shall account for source of its funds.
Anwar Mansoor Khan, the PTI counsel, who was earlier on general adjournment for being abroad for some medical check-up, appeared before the court on Monday. He submitted that he had filed with the court, details pertaining to the PTI funding and hopefully had addressed all the questions.
He contended that the Election Commission of Pakistan (ECP) had ** right to audit a political party’s funds after they had been audited by a chartered accountancy firm. He said that the ECP could only conduct scrutiny and **t an inquiry of the funds. The learned counsel submitted that there was ** provision available in the law that allowed the ECP to inquire into a party’s funds once its details had been submitted to it.
The Chief Justice, however, observed that the ECP could probe if matter pertaining to prohibited source came to it.
Anwar Mansoor contended if there appeared any doubt about the prohibited source, the ECP could refuse to allow election symbol to any political party. Justice Faisal Arab, a member of the bench, observed that Pakistan Tehreek-e-Insaf did file its audit report with the ECP but it was **t accepted.
Meanwhile, Muhammad Akram Sheikh, counsel for the petitioner Hanif Abbasi in his rebuttal, alleged that Imran Khan had filed fake, bogus and forged documents with the court.
“All the documents are fake and self-prepared and an attempt has been made to exempt foreigners and multinational companies for funding the party”, Akram Sheikh contended. He submitted that the PTI had invaded the sanctity of this court while submitting forge documents.
At this, Chief Justice observed that there was a need to initiate a detailed inquiry into the matter. Akram Shiekh however, contended that there was ** need to probe the matter as he said that the PTI had admitted colleting funds abroad from prohibited sources.
“They have invaded the sanctity of this court”, Akram Sheikh contended, adding that Imran Khan had sworn false statement and affidavit before the ECP that the party was **t foreign funded and had ** prohibited sources.
Therefore, he contended that Imran Khan had **t acted as sagacious, righteous, Sadiq and Amen and had entered dangerous arena of loyalty and patriotism and he was hit by Article 17(3) of the Constitution read with the section 6(3) of Political Parties Order therefore he should be disqualified under Article 63(1)(p).
The learned counsel submitted that they were only making evasive denial about prohibited funding, as they had **t disputed the lists submitted by PTI LLC, in FARA, which contained the names of foreign do**rs and corporations that had donated a substantial amount to PTI over the years.
“The agents did **t deny the facts that they have **t collected donations from prohibited sources, rather they only certified the facts that amount that was remitted to PTI Pakistan was **t from prohibited sources”, Akram Sheikh submitted.
He recalled that the names of all those do**rs that came in the prohibited degree (foreigners ,corporations) and had been highlighted in CMA 7231/16 and CMA 3523/17, the same had been *******/omitted from the CMA 5256/17 that had been submitted in the apex court.
Similarly, he contended that ** proof had been submitted to the Supreme Court regarding their status of dual nationality/citizenship.
The learned counsel contended that details that were submitted to the Supreme Court through CMA 5256/17 did **t meet the criteria of FARA law [section 5.201(e)] and Article 89(5) of Qa**on-e-Shahadat Order 1984.
“As ** limitation period is given in Political Parties Order 2002, for the scrutiny of political parties account, it can**t be treated as a past and close transaction,” Akram Sheikh contended.
He informed the court that the documents provided by the PTI did **t include those foreigners and companies in the US that remitted millions of rupees to PTI. Akram Sheikh asked as to whether the PTI had taken any action against those agents for providing funds from prohibited sources.
Justice Umar Ata Bandial, a member of the bench, observed that the learned counsel had raised an important question.
Anwar Mansoor Khan, counsel for PTI however, submitted if their agents in the US had generated funds from prohibited sources, Imran Khan was **t responsible for this, adding that the party was **t aware of this.
The PTI chairman had strictly instructed the agents **t to collect funds from those sources which violated Political Parties Order, Anwar Mansoor contended. Meanwhile, the court adjourned the hearing till today (Tuesday).
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