What did PTI do wrong? – Independent Pakistan

Reading the fine print of the ECP ruling in the prohibited funding case.

By Staff Reporter

ISLAMABAD: The much-anticipated verdict of the Election Commission of Pakistan (ECP) in the prohibited funding case against former Prime Minister Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) is out – but what does it mean?

In particular, what are the laws that PTI was found in violation of, and how? Read on for a briefing in a nutshell.

Article 17 of the Constitution of Pakistan deals with freedom of association. Clause (1) of this article accords on every citizen the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or morality.

Clause (3) says, “Every political party shall account for the source of its funds in accordance with law.”

The PTI was in violation of this provision when (a) it failed to disclose all the accounts through which it funneled money into its coffers; (b) it disowned some of the accounts it did declare; and (c) its chairman Imran Khan submitted “grossly inaccurate” financial returns for his party as per Form I for the five year period from 2008-09 to 2012-13.

Article 2(c)(iii) of the Political Parties Order 2002 defines a foreign-aided political party as “a political party which receives any aid, financial or otherwise, from any government or political party of a foreign country, or any portion of its funds from foreign nationals”.

According to the ECP’s findings, the PTI fell afoul of this restriction when it accepted a USD 13,750 donation from Romita Shetty, “a US based business woman of Indian origin”, and other non-Pakistanis.

Article 6 of the PPO 2002 governs membership fee and contributions to political parties. Clause (3) of Article 6 prohibits “any contribution made, directly or indirectly, by any foreign government, multi-national or domestically incorporated public or private company, firm, trade or professional association”, limiting parties to accept contributions and donations only from individuals.

In effect, this prohibits all contributions from companies both foreign and local to political parties. The PTI thus violated Article 6(3) of the PPO 2002 by accepting contributions from Wootton Cricket and several other companies incorporated in various jurisdictions.