IHC asks ECP to hear PTI arguments with “open mind”.
Court says possible that ECP might withdraw notice.
IHC says PTI can approach court after ECP’s final decision.
The Islamabad High Court (IHC) on Thursday dismissed Pakistan Tehreek-e-Insaf’s (PTI) petition against the ruling of the Election Commission of Pakistan (ECP) regarding the prohibited funding case, saying that it was “premature” at this stage.
“…we find that this petition is premature and not yet ripe for adjudication. The petitioner has been issued a show-cause notice to answer the tentative findings re breach of law recorded in the Fact Finding Report,” the judgement mentioned.
In August 2022, the election commission issued a show-cause notice to the PTI after it concluded — based on the fact-finding report — that the party received funding from prohibited sources. The notice was later challenged in the IHC.
A larger bench of the IHC — comprising Chief Justice Aamer Farooq, Justice Miangul Hassan and Justice Babar Sattar — had reserved its verdict on January 11 after arguments were completed.
The judgement read that Khan has the right to raise all its objections to seek corrections or reversal of findings recorded in the report, including by raising any jurisdictional objections before the ECP during the show-cause proceedings with regard to findings recorded in excess of its authority.
In August 2022, the election commission issued a show-cause notice to the PTI after it concluded — based on the fact-finding report — that the party received funding from prohibited sources. The notice was later challenged in the IHC.
A larger bench of the IHC — comprising Chief Justice Aamer Farooq, Justice Miangul Hassan and Justice Babar Sattar — had reserved its verdict on January 11 after arguments were completed.
The judgement read that Khan has the right to raise all its objections to seek corrections or reversal of findings recorded in the report, including by raising any jurisdictional objections before the ECP during the show-cause proceedings with regard to findings recorded in excess of its authority.