ISLAMABAD: Islamabad High Court (IHC) on Tuesday adjourned hearing of Petition of Pakistan Tehreek-e-Insaf (PTI) against election Committee of Pakistan (ECP) fact search report in prohibited finance case against in party.
The three-man bench IHC, chaired by Chief Justice Aamer Farouk and composed of Judges Miangul Hasan Aurangzeb and Judge Babar Sattar, heard a petition filed by PTI Additional Secretary General Omar Ayyub through his advisers. former advocate general Anwar Mansoor Khan, lawyer for Shah Khawar and lawyer for Faisal Farid. petitioner asked the court to announce the EPC decision dated August 2 as illegal. However, the trial could not be held due to lack of of in bench.
Previously bench requested written arguments from PTI and forwarded to PTI counsel provide a copy of these arguments to Akbar S. Babar, disgruntled PTI leader and complainer in case of prohibited foreign financing.
In the motion, PTI’s lawyer stated that petitioner deeply distressed by the fact-finding report heard on June 21, 2022 and announced August 2, 2022 by the Electoral Commission of Pakistan. He added what petitioner be completely dissatisfied of Disputed fact-finding report contrary to facts and law was additionally adopted in excess of power and in violation of judgments of High Courts, seeks challenge Disputed fact-finding report.
petitioner added that as a disputed Fact Finding Report followed by a Notice of Evidence of 08/05/2022 (received on 08/06/2022) yes of The respondent, which is an administrative body, and since there is no provision in law providing for appellate body for challenge unlawful orders issued by defendant, plaintiff have no other effective remedy available but challenge the contested fact finding report of defendant, in present writ before this High Court.
PTI argued that ECP accepted the Disputed Fact Finding Report dated 8/2/2022 based on on wrong facts, wrong application of rights, outside its jurisdiction and in in an unreasonable, irrational, biased way. “An exercise of executive power must be exercised reasonably, rationally, proportionately, fairly, without any bias or ulterior motives, with the support reason and explanation. ESP, in The Disputed Fact Finding Report does not adhere to any principles governing discretion of supervisor body”, – said party.
It stated: “The report on the establishment of the disputed facts is corrupted.” with dishonest, arbitrary and lacking legal jurisdiction, in excess of legal authority and in violation of Articles 17(1) and (2) of Constitution of Pakistan. Disputed fact-finding report in fact shakes the principles of democracy and violates fundamental rights of claimant under sections 9 and 17(1) and (2).”
Therefore, she begged the court to suspend the operation. of Act on the establishment of the disputed facts dated 02.08.2022 of ECP and suspend the Notice of Cause dated 08/05/2022 issued by them.
PTI also asked the court to find that said fact-finding report is perverted, incorrect and in excess of power and jurisdiction. In addition, he prayed to announce that any action proposed by the ECP was beyond the authority and that no action could be taken. on the foundation of said fact finding report.
petitioner further asked the court to declare that, in holding that “the case falls within the competence of of Article 17(3) of Constitution of Pakistan, article 6(3) and article 2(c)(iii) of PPO 2002″. is illegal and in excess of power and jurisdiction.
