The Islamabad High Court (IHC) has partially granted PTI’s intra-judicial appeal challenging an earlier ruling instructing the Electoral Commission. of Pakistan (ECP) to decide on the PTI Prohibited Funding Case, previously referred to as the Foreign Funding Case by the Commission, within 30 days.
Two members of the bench, which includes Chief Justice Athar Minallah and Justice Babar Sattar, said in today’s decision that “we partially allow appeal on the annulment of the decision of 04/01/2022 in part of in direction ‘to resolve a pending complaint within a period of thirty (30) days.”
Judgment copy of which the available with Dawn.comfurther stated that it is expected that the ECP “complete pending proceedings against other political parties within a reasonable time and in fair, just and in a transparent way.
In a previous ruling, Judge Mohsin Akhtar Kayani denied PTI’s request to keep the party’s alleged foreign funding confidential, calling it “unsupported” and “misunderstood.”
He had also denied PTI’s request to prevent access to the point record PTI founding member Akbar S. Babar and a motion to remove him from the case.
PTI filed petitions on January 25 and 31 in respect of the two above requests, which were subsequently denied by the ECP. on March 15th. party then filed a petition challenging the ECP’s decision. decision reject requests.
Subsequently, PTI filed an internal court appeal. in April challenges the IHC decision.
In the judgment released today, two members bench noticed that PTI raised objections against Babar’s involvement in ESP proceedings and procedure in what was the case with.
The electoral commission was constitutional body and was empowered to regulate its own procedures, bench observable.
“Easy Reading of in [Political Parties] Order of 2002 generally confirms that its proceedings are not of hostile nature. Status of thus, the defendant, Akbar Sher Babar, did not more than an informer. The latter, therefore, cannot assert the right to be treated as if the dispute of enemy nature.”
The ruling stated that the representative of the EJP had unequivocally stated in court that the cases of all political parties with honestly and transparently. “There is nothing on record to indicate that the appellant (PTI) was treated differently. it would be inappropriate for this court give a direction to [Election] Commission on the foundation of unfounded fears.”
bench was not convinced that PTI was biased in in any way stated in the judgment. He referred to the statement made representative of the ESP and stated that the court did not reason doubt that all political parties will be given equal treatment and their cases will be closed with due diligence and in reasonable time.
The “foreign funding” case filed by Akbar S. Babar has been pending since November 14, 2014. Babar, who was one of the founders of PTI but no longer affiliated with it’s supposedly serious financial violations in in party funding from Pakistan and abroad.
During the hearing in case yesterday, the chief electoral commissioner said the case would be referred as of “prohibited funding”, not foreign funding in in future.