Islamabad: Islamabad High Court (IHC) dismissed Pakistan Tehreek-e-Insaf’s petition against ruling of Election Commission of Pakistan regarding prohibited funding case, saying that it was “Premature” at this stage.

“We find that this petition is premature and not yet ripe for adjudication. Petitioner has been issued show-cause notice to answer tentative findings re breach of law recorded in fact finding report,” judgment mentioned. In August 2022, Election Commission issued show-cause notice to PTI after it concluded based on fact-finding report that party received funding from prohibited sources. Notice was later challenged in IHC. Larger bench of IHC comprising Chief Justice Aamer Farooq, Justice Miangul Hassan and Justice Babar Sattar reserved its verdict on January 11 after arguments were completed.

Judgment read that Khan has right to raise all its objections to seek corrections or reversal of findings recorded in report, including by raising any jurisdictional objections before ECP during show-cause proceedings with regard to findings recorded in excess of its authority. “ECP would be under an obligation to consider all factual and legal assertions with an open mind and decide same through reasoned order in accordance with law and without being interested in reaffirming findings in report or otherwise seeking to produce any predetermined outcome.” High Court also said that it is within realm of possibility that show-cause notice may even be withdrawn if PTI satisfies ECP that it received no prohibited funding.

Former ECP Secretary Kanwar Dilshad termed verdict “Important development” which can have several consequences for party. When asked about implications of IHC verdict, Dilshad said ECP can now withhold assets of party under law. ECP can also withdraw election symbol issued to PTI.

Published in The Daily National Courier, February, 03 2023

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