ISLAMABAD: The Election Commission of Pakistan (ECP) on Thursday informed the Supreme Court that the Tehreek-i-Labbaik Pakistan (TLP) — the party behind protest demonstrations that paralysed the twin cities — had not yet submitted details of the expenses it made during the July elections.
“The subject political party (TLP) participated in the general elections, 2018 but has not submitted the details of the Campaign Finance till date,” the ECP stated in a reply furnished before the SC, which will commence on Friday the hearing of a case relating to the 20-day Faizabad sit-in in November last year.
The TLP had participated in the 2018 general elections and bagged three seats in the Sindh Assembly.
At the last hearing on Oct 11, a two-judge SC bench headed by Justice Mushir Alam had ordered the ECP to furnish the application under which the TLP was registered as a political party and asked the accountant general to assist the court in determining whether the ECP or the federal government was empowered under the Elections Act 2017 to take remedial measures for regulating political parties on their conduct.
Contempt of court action sought against Khadim Rizvi, Afzal Qadri
In its reply, the ECP explained that it had issued notices to all political parties which had failed to submit the details of their campaign finances. It said that if they failed to follow the directives, their election symbols would be withheld, adding that all political parties participating in the elections were required to submit to the ECP the list of contributors who have donated or contributed an amount equal to or more than Rs100,000 for thier election campaigns within 60 days from the close of a financial year in terms of Section 211 of the Elections Act.
The consolidated statements of political parties’ accounts were audited by a chartered accountant highlighting annual income and expenses, sources of funds and assets and liabilities, the reply stated.
The ECP had also framed a code of conduct for political parties, contesting candidates and polling agents in terms of Section 233 of the Elections Act, it said.
The ECP explained that after the enactment of the Elections Act, all election-related laws had been repealed, including the Political Parties Order 2002 and Political Parties Rules 2002. Section 202 (4) of the Elections Act requires all political parties to submit a list of 2,000 members along with photocopies of their CNICs and proof of deposit of Rs200,000 in favour of the commission in the State Bank or the National Bank of Pakistan as enlistment fee.
The TLP, the reply said, had submitted the relevant documents on Jan 8, 2018.
The reply contended that the ECP had objected to the registration of the party with the name Tehreek-i-Labbaik Ya Rasool Allah and recognised the party with the name of Tehreek-i-Labbaik Pakistan, which was later accepted by the party.
Petition against TLP
Meanwhile, a Supreme Court lawyer on Thursday filed a petition in the apex court, seeking a directive for the federal government to commence the process of dissolution of the TLP as political party pursuant to Section 212 of the Elections Act for operating in a manner prejudicial to the sovereignty and integrity of Pakistan. He alleged that the party had indulged in terrorism.
Barrister Masroor Shah also requested the apex court to initiate contempt of the court proceedings against TLP leaders — Khadim Hussain Rizvi and Peer Afzal Qadri — for scandalising the SC and tending to bring this august court and its judges into hatred, ridicule and contempt.
The petition asked the court to order the federal government that instead of succumbing to political exigencies and taking mere cosmetic measures, discharge its constitutional duty to protect fundamental rights of citizens and establish the rule of law in the country by taking strict meaningful legal action against Khadim Rizvi and Afzal Qadri for allegedly committing offences of sedition, incitement to mutiny, criminal intimidation, rioting and terrorism.
The petition recalled that during three days of violent protests, the TTP leadership vociferously spat venom against judges of the Supreme Court and the chief of the army staff. They did not even shy away from inciting bodyguards and personal servants of judges and the army chief to take the law into their own hands, the petition said, adding that the TLP leadership had called upon members of the armed forces to stage mutiny against their commanders.
Published in Dawn, November 16th, 2018