ISLAMABAD: The Islamabad High Court (IHC) on Tuesday adjourned hearing of Pakistan Tehreek-e-Insaf (PTI) petition against the Election Commission of Pakistan (ECP)’s fact finding report in prohibited funding case against the party.
A three-member IHC bench, headed by Chief Justice Aamer Farooq and comprising Justice Miangul Hassan Aurangzeb and Justice Babar Sattar, heard the petition filed by PTI Additional Secretary General Omar Ayyub through his counsels former attorney general Anwar Mansoor Khan, Shah Khawar Advocate and Faisal Fareed Advocate. The petitioner requested the court to declare the ECP’s decision dated August 2 as illegal. However, no proceedings could be held due to unavailability of the bench.
Previously, the bench had sought written arguments from the PTI and had directed the PTI counsel to provide a copy of these arguments to Akbar S Babar, the disgruntled PTI leader and a complainant in the prohibited foreign funding case.
In the petition, the PTI lawyer stated that the petitioner is grossly aggrieved by the Fact-Finding Report heard on June 21, 2022 and announced August 2, 2022 by the Election Commission of Pakistan. He added that the petitioner being utterly dissatisfied of the Impugned Fact Finding Report, being contrary to facts and the law, additionally having been passed in excess of authority and in violation of the judgments of the Superior Courts, seeks to challenge the Impugned Fact Finding Report.
The petitioner added that as the impugned Fact Finding Report followed by the Show Cause Notice dated 05.08.2022 (received on 06.08.2022) is of the Respondent, being an administrative authority, and whereas there is no provision in law providing for an Appellate Authority to challenge the illegal Orders passed by the Respondent, the Petitioner, has no other efficacious remedy available but to impugn the Impugned Fact Finding Report of the Respondent, in this present writ petition before this High Court.
The PTI contended that the ECP has passed the Impugned Fact Finding Report dated 02.08.2022, based on incorrect facts, incorrect application of law, beyond its jurisdiction and in an unreasonable, irrational, bias manner. “The exercise of executive is to be exercised reasonably, rationally, proportionately, justly, without any bias or ulterior motive, supported by reason and explanation. The ECP, in the Impugned Fact Finding Report, has not adhered to any principles which regulate the discretion of an executive body,” said the party.
It maintained, “The Impugned Fact Finding Report is tainted with malafides, arbitrary and without lawful jurisdiction, in excess of lawful authority and in violation of Articles 17(1) & (2) of the Constitution of Pakistan. The Impugned Fact Finding Report in fact shakes the principles of democracy and violates the fundamental rights of the Petitioner under Article 9 & 17(1) & (2).”
Therefore, it prayed to the court to suspend the operation of the Impugned Fact Finding Report dated 02.08.2022 of the ECP and suspend Show Cause Notice dated 05.08.2022, issued by it.
The PTI also requested the court to declare that the said Fact Finding Report is perverse, incorrect and in excess of authority and jurisdiction. It further prayed to declare that any action suggested by the ECP is beyond authority and that no action can be taken on the basis of the said Fact Finding Report.
The petitioner further requested the court to declare that holding that, “the matter falls within the ambit of Article 17(3) of the Constitution of Pakistan, Article 6(3) and Article 2(c)(iii) of the PPO 2002.” is Illegal and in excess of authority and jurisdiction.
