ISLAMABAD:The Islamabad High Court (IHC) on Tuesday adjourned the hearing till tomorrow on PTI’s appeal against the decision of ECP in a prohibited funding case.
A three-member larger bench comprising Chief Justice Aamer Farooq, Justice Miangul Hassan Aurangzeb and Justice Baber Sattar heard the case. Before the hearing, the PTI’s lawyer filed a miscellaneous application and requested the court to stay the FIA actions till final judgment in the case. The Election Commission of Pakistan (ECP) had no power to send the matter to the federal government and they had challenged the decision of the ECP, he added.
The chief justice remarked that the PTI should be given complete right of its defence following the show cause notice of ECP. The PTI had also to prove its stance with the proofs and the ECP had to take a decision after viewing it, he said. The chief justice said that the procedure of the show cause notice was totally different, adding that the ECP would take a decision after analyzing the answer to the show cause notice.
The chief justice said that if the report was final then there was no need to issue a show-cause notice. The ECP had to view the authenticity of the scrutiny committee, he remarked.
The ECP’s lawyer said that the PTI was given appropriate time to clarify its position. The director general of law EPC said that at least the PTI should have answered the show cause notice. The chief justice remarked that the statement of the official in the last hearing had given the impression that it was an open and shut case.
Justice Aamer Farooq remarked that show cause notice shouldn’t be an open and shut case. The PTI could answer it along with all relevant documents, he said.
Justice Miangul Hassan Aurangzeb said it would empower the stance of PTI if the report was considered final. He said that if the ECP had a doubt that the PTI would use delay tactics then the bench would also view this matter.
The court said that the ECP shouldn’t tolerate delaying tactics if used. The ECP could hear the case on daily basis and it could impose a fine on adjournment.
PTI’s lawyer Anwar Mansoor said that the ECP had no power to issue a judgment as it was not a court of law. There was no allegation against his client for taking funds from any foreign government or party. Whether it was a declaration or the ECP shared it with the government, Justice Sattar questioned.
The PTI’s lawyers continued their arguments and the case was adjourned for tomorrow.