ISLAMABAD: Rejecting the plea of the Pakistan Tehreek-i-Insaf (PTI) seeking four months’ time to file a response to the show-cause notice in the case relating to forfeiture of prohibited funds received by the party, the Election Commission of Pakistan (ECP) on Tuesday adjourned proceedings of the case till May 30.
A three-member bench, headed by Chief Election Commissioner Sikandar Sultan Raja, directed the PTI to file a reply by the next date of hearing.
The bench, while announcing the order, said the respondent party (PTI) was reluctant to contradict the contents of the show-cause notice which were based on the sound reasoning and undeniable bank record. Instead of filing the reply to the show-cause notice, issued as a legal requirement after the commission declared the PTI had received prohibited funding, the party kept seeking time and filed an application for four months’ time for the reply to the notice.
The commission had reserved the judgement, which it announced on Tuesday.
PTI response sought on the show-cause notice by 30th
PTI lawyer Naveed Anjum appeared before the ECP bench and contended that the commission’s scrutiny committee members should be given a chance to appear as well as bank officials who had provided related accounts record to the commission.
However, the ECP bench noted that now the stage was for the forfeiture of the illegal/prohibited funds and they were required to file a reply to the notice.
The bench issued the reserved order, which says, “…the source of funds also gives a clue as to the manner in which the funds are collected and also identifies those who subscribe to it so as to asses not only the financial position of the political party but also that the funds are not collected in an un-lawful manner”.
The order also made mention of the Islamabad High Court’s observation in wp.no.2998/2022, “the right to a fair trial and due process in an administrative proceeding, does not necessarily mean that the party is to be administered an oath or is to be provided an opportunity to cross-examine witnesses converting such proceedings into a trial with all its formalities. But what it does mean is that the adjudicator has a basic obligation to extend fair treatment to the party and an opportunity to enable it to correct or contradict the findings or allegations prejudicial to such parties”.
“The present proceedings before the Commission are the implementation of the order passed by the Commission dated 02-08-2022. The respondent party is reluctant to contradict the contents of the show cause notice which are based on sound reasoning and undeniable bank record,” the order says.
“….the Commission has arrived at the conclusion that the respondent party is avoiding submission of a detailed reply to the show cause notice and it has been submitting miscellaneous application(s) to prolong the matter.”
The application for ‘adducing evidence and summoning of witnesses’ has already been decided by the Commission vide order dated 20-12-2022 which is sub-judice before the Honorable Islamabad High Court through writ petition no.1105/2023 and there is no stay/restraining order from the Honorable Court. Resultantly the application is devoid of merit and is rejected. Case to come up for submission of comprehensive reply of show cause notice and arguments by the respondent’s party on 30.05.2023,’ the order reads.
Separately, expressing its dismay over the non-appearance of PTI Chairman Imran Khan in the contempt case, the Election Commission on Tuesday asked him to appear in person at the next hearing. Likewise, another PTI leader Fawad Chaudhry was directed to appear in person.
The commission bench made it clear that in case of non-appearance of the two leaders next time, non-bailable warrants could be issued.
Published in Dawn, May 24th, 2023
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