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PTI Prohibited Funding Verdict: A decision of disappointment and wishful thinking

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Khaksar’s memory is weak with regard to poems, few poems are remembered, if one is left out by mistake, usually the weight becomes worse while narrating it. The meaning of the poem can only be described, its literal beauty is lost.

One blessing I saw in the Election Commission’s judgment in the Prohibited Funding case was that it immediately reminded me of a poem by Ghalib. Made it part of your Facebook post and tweet. Later, when I checked the ‘rekhta’, the poem turned out to be correct.

Therefore, even if the blessings of the Election Commission’s decision do not come forward, it is enough for me to retrieve this poem from our forgotten memory.

Two immediate effects of the decision

This decision of the Election Commission had two effects simultaneously. Some feared that the Election Commission might disqualify Imran Khan and ban Tehreek-e-Insaf. It is obvious that only those who sympathize with Tehreek-e-Insaf are included. Only a show cause notice has been issued and further proceedings, if any, will be in the Supreme Court.

Some people hoped that Imran Khan and Tehreek-e-Insaf might not survive or at least make a big enough dent that the political wave of this party would break down. At first, nothing of this kind happened and apparently, it is not likely to happen soon.

PDM leaders, especially PML-N, PP, and Maulana’s supporters were very disappointed. After this decision, there was not much to play for him. The points they are repeating after the verdict are the same things they have been saying for many years. PDM people were already calling Imran Khan a liar and a liar. The Election Commission’s decision did not provide them with much ammunition.

Is this the victory of Tehreek-e-Insaf?

Leaders of Tehreek-e-Insaf declared their victory in their press conference immediately after the Election Commission’s decision. His exuberance and triumphant demeanor were a sight to behold. I think the Oscar winners should have a category for our politicians. Kamal Deeda boldly makes this false statement and releases the statement with such a mouth made up that people are stunned.

Interestingly, each day the award is won by a different party, the winners of the judging day being Fawad Chaudhary, Farrukh Habib, and Malika Bokhari. With great courage, he declared the decision of the Election Commission as a victory for his position and shot arrows at the opponents.

This decision is not a victory for PTI at all.

It may have deep implications and hidden problems. Most can say that Tehreek-e-Insaf has got some respite, no casualty, but dangers are looming over them. If they don’t fight the legal battle wisely and well, they can suffer huge losses.

Key decision points

The Election Commission’s decision or let’s say the decisive points are so short that when the news channels started running their breaking news and tickers, the matter was settled within a minute. There are three main points. The essence of the Election Commission’s seventy-page decision is that Tehreek-e-Insaf is involved in prohibited funding. He has taken prohibited funds from Arif Naqvi of Abraaj Group and around thirty-four foreigners.

Arif Naqvi holds Pakistani citizenship, overseas Pakistanis can give funds to any Pakistani party. But the objection against Arif Naqvi is that he collected funds through Wooton Cricket Limited, which is an UAE-based company, and gave it to Tehreek-e-Insaf. Such fundraising campaigns are not legally permitted in the UAE. Thus, according to the Election Commission, all these fundings are declared illegal.

The Election Commission has raised the same objection against Bristol Engineering Services, also a Dubai-based company. PTI had formed companies in the name of PTI in many countries like Canada, the USA, etc. through which funds came to Pakistan. The Election Commission has also declared them illegal funding.

Indian woman funding

An interesting allegation, which has been mentioned separately by the Election Commission, is the thirteen and a half thousand dollars given by Miss Romita Shetty, who is an American of Indian origin, she is married to a Pakistani Nasir Aziz who also holds American citizenship.

The couple currently resides in Singapore. Husband Nasir Aziz sent twenty-seven thousand dollars to Tehreek-e-Insaf from the joint account of the couple. The Election Commission has divided it into two parts and put thirteen and a half thousand dollars in the wife’s account. Perhaps because Miss Romita Shetty by the name itself sounds Hindu, Indian and thus the accusation of Indian funding to Tehreek-e-Insaf is proved. It’s funny though.

Most married couples have a joint account. If the husband makes a payment from an account, will the wife be charged with half of the amount? Like if Mr. Akram buys a car worth one crore from his joint account, then tomorrow NAB or any other organization reaches his wife that BB five lakhs is yours, show her money trail. This is ridiculous and many such things are found in this decision of the Election Commission.

Look at it another way, for example Shoaib Malik donates to an organization from a joint account and an organization says that half of this amount is permissible because Shoaib Malik gave it and half is illegal because it belongs to Indian citizen Sania Mirza. It seems that the Election Commission does not even have basic information regarding joint accounts.

Objections to decision

An objection is also being made that Arif Naqvi of Abraaj Group has been accused of corruption etc. two or three years ago, they are still allegations, the crime has not been proven, and it is possible that Arif Naqvi will be acquitted by the court. Therefore, the Election Commission should not draw conclusions from now. Secondly, in the days (2012) when these funds were sent, Abraaj Group was a well-known global business group. What did Tehreek-e-Insaf know that after six to seven years, allegations will be made against it and it will be declared controversial.

Similarly, many overseas Pakistanis sent money from their business company accounts, many of which are from one hundred, two hundred or two hundred and fifty to five hundred dollars. This is understandable. When a person has his own company, he can send from his company account instead of his personal account.

The Election Commission also put it under prohibited funding. A man named Asif is listed as Israeli, although he is Pakistani. The list of companies donating includes PayPal and several banks. Although the money may have been sent through PayPal, PayPal itself did not. It seems that the extraordinary members of the Election Commission wrote down the decision in haste. So fast that it wasn’t even proofread properly. What was the pressure?

Are bank accounts hidden?

Another important point of the Election Commission’s decision is that PTI has given the details of only eight accounts while there are thirteen such bank accounts that were used, they were opened by the central leaders of PTI, but their details were not given to the Election Commission. Not given, Election Commission took this information from State Bank. Tehreek-e-Insaf will have to give its reasoned legal response in the appeal. Well, their claim is that these thirteen accounts were not used to take funds from outside, so their details were not given.

Imran Khan and false affidavit

The most important point of the judgment is the direct accusation against Imran Khan that he submitted the wrong form one for five years. The details given in this form do not match all the data that the Election Commission has obtained from the State Bank and other sources.

Interestingly, PDM leaders are calling it a false affidavit time and again. Although this statement is not sworn. Legally, an affidavit is another thing, in which you give a statement under oath and it is also affixed with a signature, thumbprint, etc. According to legal experts, the language of Form One is that I am stating that the information is correct to the best of my knowledge.

According to experts, it is possible that something important is not known to the person filling the Form One. Therefore, it cannot be called a false affidavit. However, PTI has to prove this point in court. This is the point on which Imran Khan can somehow be disqualified. The biggest loss to him and his party can come from this point. Therefore, if Tehreek-e-Insaf does not fight the legal battle in a good way, then a case like the leadership of Muslim League-N can also happen. Remember that I have only indicated the probability, the probability is slight or high, it is up to the court to decide.

What will happen next?

Now, after the Election Commission’s decision, the federal government can send a reference to the Supreme Court in the next few days. Imran Khan’s disqualification or Tehreek-e-Insaf’s annulment or acquittal is the scope of the Supreme Court. Now it is to be seen whether the Supreme Court forms a three-member full bench, a five-member larger bench or the full court will hear it. The PDM leaders made so much noise about the full court in the Punjab Assembly case and tried to put pressure on the court that the matter may now go to the full court. This will be the effort of the federal government.

If this case goes to full court, it is quite possible that some of these old cases will be brought together in some way (it is better not to go into the details yet). According to the Punjabi proverb, what comes out cut, cut, will be seen by all.

 

 

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