| Case ID |
ec3b5407-12f0-4f37-87f3-fabeaec236e4 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 2998 of 2022 |
| Decision Date |
Feb 02, 2023 |
| Hearing Date |
Jan 11, 2023 |
| Decision |
The Islamabad High Court dismissed the constitutional petition filed by Pakistan Tehreek-e-Insaf (PTI) against the Fact-Finding Report issued by the Election Commission of Pakistan (ECP). The court held that the ECP's findings were tentative, and judicial review at this stage was premature. The court emphasized the right to a fair trial and due process, affirming that PTI would have the opportunity to contest the findings during the show-cause proceedings. The court reiterated that any final decision regarding the allegations of prohibited funding would be made after due process, ensuring PTI's rights were protected under the law. |
| Summary |
This case involves a constitutional petition by Pakistan Tehreek-e-Insaf (PTI) challenging the Fact-Finding Report issued by the Election Commission of Pakistan (ECP) regarding allegations of prohibited funding. The Islamabad High Court, presided over by Chief Justice Aamir Farooq and Justices Miangul Hassan Aurangzeb and Babar Sattar, ruled on the procedural aspects of the case, emphasizing the importance of due process and the right to a fair trial as enshrined in Article 10A of the Constitution of Pakistan. The court concluded that the ECP's report was not a final determination but a preliminary finding that required further proceedings. The judgment underscores the significance of judicial restraint in matters involving the separation of powers and the constitutional framework governing political parties. The decision highlights the legal obligations of political parties regarding their funding sources and the regulatory role of the ECP. The court's dismissal of the petition reflects a commitment to uphold the rule of law while allowing the parties involved the opportunity to address issues raised in the report during upcoming show-cause proceedings. |
| Court |
Islamabad High Court
|
| Entities Involved |
Election Commission of Pakistan,
Pakistan Tehreek-e-Insaf (PTI)
|
| Judges |
Aamir Farooq, C.J.,
Miangul Hassan Aurangzeb,
Babar Sattar
|
| Lawyers |
Anwar Mansoor Khan, Senior Advocate Supreme Court,
Shah Khawar, Senior Advocate Supreme Court,
Barrister Umaimah Khan, Advocate Supreme Court,
Naveed Anjum Mumtaz,
Muhammad Azhar Siddique, Advocate Supreme Court,
Waheed Shahzad Butt,
Syed Mahfooz-ul-Hassan,
Ms. Alia Bano,
Barrister Ahmed Pervez for Respondent No.1,
Syed Ahmed Hassan Shah, Advocate Supreme Court,
Chaudhry Badar Iqbal,
Munawar Iqbal Duggal, Additional Attorney General,
Azmat Bashir Tarar, Assistant Attorney General,
M. Arshad, Director General (Law),
Zaigham Anees, Law Officer, Election Commission of Pakistan
|
| Petitioners |
PAKISTAN TEHREEK-E-INSAF (PTI) through Additional Secretary General
|
| Respondents |
another,
ELECTION COMMISSION OF PAKISTAN
|
| Citations |
2024 SLD 70,
2024 PLD 1
|
| Other Citations |
Muhammad Hanif Abbasi v. Imran Khan Niazi and 3 others PLD 2018 SC 189,
Pir Sabir Shah v. Shad Muhammad Khan, Member, Provincial Assembly PLD 1995 SC 66,
Judicial Review of Public Actions (Vol. 3, PP 1565),
Treatise on Constitutional Law by Ronald D. Rotunda and John E. Nowak (Vol, 1., P 172),
A.F Ferguson v. Sindh Labour Court PLD 1985 SC 429,
Abbot Laboratories v. Joh W. Gardner 387 U.S. 136 (1967),
Chanan Singh v., Registrar Cooperative Societies AIR 1976 SC 1821,
Union of India and another v. Kunisettay Satyanarayana AIR 2007 SC 906,
Mughal-e-Azam Banquet Complex v. Federation of Pakistan 2011 PTD 2260
|
| Laws Involved |
Constitution of Pakistan, 1973,
Political Parties Order (20 of 2002)
|
| Sections |
4,
10A,
199,
2(c)(iii),
6,
13,
15
|