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Once party accounts made public ECP can’t scrutinize them: PTI council

Islamabad (May 24, 2017): Imran Khan’s counsel Anwar Mansoor Khan wrapping up his arguments in the offshore company case has maintained that the ECP does not have the jurisdiction to scrutinize PTI’s accounts. 

Mansoor was presenting the PTI’s case before a three-member bench of the Supreme Court, headed by Chief Justice Saqib Nisar, which has been hearing a petition filed by PML-N leader Hanif Abassi, seeking the disqualification of PTI chief Imran Khan and Secretary General Jehangir Tareen.

The petition accuses the two PTI leaders of concealing their assets from the Election Commission of Pakistan (ECP) and seeks to unseat them based on their alleged violations of the lncome Tax Ordinance, 1979 and the Peoples Act, 1974.

Mansoor has argued that once a party’s accounts and assets are made public, the ECP’s jurisdiction to investigate them is curbed.

During today’s hearing, Mansoor told the bench that the PTI is registered under the US Foreign Agent Registration Act (FARA).

“PTI-USA LLC is the party’s agent and is registered with FARA on the name of an individual,” Mansoor told the bench.

Chief Justice Nisar asked the lawyer why an agent had to be appointed. Mansoor told the chief justice that this was a legal requirement.

Nisar further asked if those holding dual nationalities could become members of political parties in Pakistan. Mansoor replied that they could.

“You accept that funds were collected from abroad but you do not want the Election Commission of Pakistan to question you,” Justice Faisal Arab, a member of the bench, remarked.

Nisar told Mansoor that if the ECP becomes aware of illegal funding, then it does have the right to investigate.

“The ECP is not a court where investigations are carried out upon the complaint [of a petitioner],” the counsel argued.

“We can ask the ECP to clarify this matter,” the chief justice said.

The expenses on public events are written separately and everyone will approach ECP if the power is given.

“The prosecution has argued that those who have dual citizenship are not Pakistanis,” Justice Umar Ata Bandial, a member of the bench, reminded the counsel.

“Who will determine whether or not they are Pakistani?” he asked.

Mansoor told the court that donations from overseas Pakistanis are accepted on an individual basis.

“The purpose of the LLC is to provide membership to Pakistani Americans and gather donations from them,” the counsel told the court.

“This kind of funding is not illegal under the Public Representation Act,” Mansoor maintained.

Giving his arguments Naeem Bukhari said that Imran Khan did not mention Niazi Services Limited in his nomination papers in 2002 elections but he did mentioned London flat. The recent case of foreign funding is here in Kulbhushan Jhadav. Accusing PMLN of receiving foreign funding Naeem Bukhari said that PMLN has also a company that was registered in Britain which collects funding for it.

Over this Justice Faisal Arab asked Bukhari to approach the relevant forum.

The court later adjourned the hearing till tomorrow.

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