Prohibited Funding Accusation on PTI : What is Difference Between Foreign Funding and Prohibited Funding?
In the decision of the Election Commission of Pakistan regarding the funding of Tehreek-e-Insaaf where it has-been said that the allegations against the party of former PM Imran Khan of taking prohibited funds from abroad have-been proven it has once again sparked this debate. Whether all types of foreign funds are prohibited for political parties.
For a long period of eight years case of foreign or prohibited funding against PTI Pakistan Tehreek-e-Insaaf was under hearing in Election Commission & Islamabad High Court.
PTI Pakistan Tehreek-e-Insaaf sometimes challenged the jurisdiction of Election Commission & sometimes an injunction was obtained before the Islamabad High Court against an order of Election Commission & then injunction was dismissed by the court. went.
Is all foreign funding prohibited?
In the Pakistani media, the application of Akbar S. Babar, the founding member of this party, against the Pakistan Tehreek-e-Insaf in the Election Commission was written in the name of foreign funding from the beginning.
For seven & a half yearsthe leadership of Pakistan Tehreek-e-Insaf did not have any problem in the name of foreign funding but in the cause list issued by Election Commission only Akbar S. Babar vs. PTI Pakistan Tehreek-e-Insaf Foreign Funding Case was written.
When the hearing of this case was about to be completed in the Election Commission then an objection was raised by the lawyer of Pakistan Tehreek-e-Insaaf Anwar Mansoor that the title of the case against his party in the cause list of Election Commission was-not foreign funding but prohibited funding. be written as
In this situation question is very important that what is the difference between foreign funding & prohibited funding & whether all funding received by a political party from abroad is prohibited.
Issue of prohibited funding & foreign funding has-been involved in the politics of Pakistan since 1962. It was during this period that Political Parties Act was enacted which banned all political parties from foreign funding and prohibited funding.
Same act was not only retained in the Political Party Act of 2002 made during the reign of former military president Pervez Musharraf but also in Election Act of 2017.
Under sub section 3 of Section 204 of the Election Commission Act2017 funds directly or indirectly received by any political party from any foreign government multinational or private company or individual are prohibited funds. come.
In the decision of the PTI funding case Election Commission has also said that a political party cannot take any funds directly or indirectly from any foreign government multinational or any domestic government or non-government company. It is also not allowed to receive funds from commercial companies and professional associations. The Election Commission has also written that just as the legislators have+banned funding for a political party from a local company operating in Pakistanit is also prohibited to take funding from foreign companies. The Election Commission referred to the relevant law and several judgments of Supreme Court and said that what cannot be done directly cannot be done indirectly.
In the same decision Election Commission also clarified what kind of funding a political party can take from abroad & the decision states that according to the law donations or funds can only be taken from such persons residing in the country or abroad. Those who have Pakistani citizenship.
What is the penalty for prohibited funding?
Former Secretary of Election Commission Kanwar Dilshad says that under the Election Act if a country or any of its institutions provides financial support to a political party of another country &the evidence of this is also found by the Election Commission then such funding If the charge is proved the Election Commission has the authority to cancel the registration of such a party - send recommendations to federal government for action against them under the Criminal Code.
Regarding prohibited funding Kunwar Dilshad said that a person who is not a Pakistani or who has renounced his Pakistani citizenship & a political party of Pakistan takes funds from him then such funds would fall under category of prohibited funding. are
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He said that if it is proved in Election Commission that a political party has received prohibited funding from foreign countries then the Election Commission has the authority to confiscate this money against the government and in addition to this It can also withdraw the election symbol given to the party.
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