KARACHI: The Federal Investigation Agency on Thursday informed the Sindh High Court that an inquiry against leaders of Pakistan Tehreek-i-Insaf in prohibited funding case was in accordance with law.

The FIA further contended that the high courts of Balochistan and Peshawar had already declared proceedings of FIA probe lawful in identical matters.

When a two-judge bench headed by Justice Mohammad Karim Khan Agha took up a set of petitions filed by PTI leaders against the FIA inquiry, a federal law officer filed joint comments on behalf of the interior ministry, FIA director general and deputy director.

He argued that the petition was not maintainable as the petitioners had not come to the court with clean hands and it contained disputed question of facts therefore the petition could not go into the extraordinary constitutional jurisdiction of the Sindh High Court under Article 199.

The respondents in their reply further maintained that the BHC and the PHC in their Aug 24 and Sept 27 orders, respectively, declared the jurisdiction of FIA to hold the probe lawful.

They asserted that the petitioners moved the SHC with intention to circumvent the normal process of criminal proceedings and added that an inquiry was initiated on the instructions of the federal ministry of interior in the light of an order passed by the Election Commission of Pakistan.

The respondents argued that the FIA was investigating the bank accounts which were opened without the approval of PTI and its central finance board.

The copy of the comments was provided to the counsel for petitioners and they sought time to go through the same.

While adjourning the hearing till Dec 6, the bench said that its earlier interim restraining order for the FIA not to take any coercive action against the petitioners would continue till next hearing.

Former Sindh governor Imran Ismail, former MNA Najeeb Haroon, MPA Dr Seema Zia, former MPA Samar Ali Khan and party’s Karachi region finance secretary Mohammad Javed Umer through their lawyers have petitioned the SHC impugning the call-up notices issued by the FIA in connection with an inquiry into party funds.

They further contended that the ECP had not referred the matter to the FIA and the notices were issued without jurisdiction only to harass and humiliate the petitioners.

The petitioners asserted that the order passed by the ECP was a fact-finding report that required other proceedings to be initiated by issuing a show-cause notice and that it could not be considered as the final conclusion of the ECP.

Muttahida’s plea on ECP’s decision sans quorum contested

The Election Commission of Pakistan has informed the Sindh High Court that a Muttahida Qaumi Movement-Pakistan (MQM-P) petition questioning its quorum is not maintainable as the issue has already been decided by the higher and superior judiciary.

While taking the ECP comments on record, a division bench of the SHC headed by Justice K.K. Agha directed the deputy attorney general and an assistant advocate general Sindh to file comments on behalf of federal and provincial authorities concerned till Dec 1.

MQM-P leader Kanwar Naveed Jameel along with other party leaders had approached the high court regarding the notifications issued by the ECP in April and May announcing a schedule for the local government elections in Sindh.

The petitioners contended the impugned notifications were issued without lawful authority as at the time of issuance of such notifications the quorum composition of the ECP was not completed since full composition of the ECP was the chief election commissioner and four members from each province, but there were the CEC and only two members, when the schedule was announced.

ECP’s law officer Abdullah Hanjra filed the comments pointing out that the SHC and Supreme Court had already decided the issue in question.

While referring to a judgement of the apex court, the ECP in its reply asserted that any order of ECP passed by members less than its total strength had been protected.

It further argued that as per Section 3 of Elections Act 2017, the commission may exercise its powers even if the office of any of its member was vacant or a member unable to attend the proceedings and the decision of the majority of the members would have the effect of the decision of the commission.

The counsel for the petitioner sought time to go through the ECP reply. The bench also issued notices to the advocate general Sindh and the attorney general of Pakistan under Section 27-A of CPC.

Published in Dawn, November 4th, 2022