Imran’s ‘technical knockout’ possible?

Former Prime Minister Imran Khan fears he could be knocked out of the system after a recent decision of the Election Commission of Pakistan in the “foreign” funding case. If analyzed legally, the Supreme Court of Pakistan and Islamabad High Court have already decided the case in his favour. They observed it was a case of prohibited funds, not foreign funding, and only illegally received money could be confiscated. However, the current system still could expel him because he is a serious threat to it.
On the other hand, the government and its allies believe the Election Commission’s finding will not only pave the way for Imran Khan’s lifetime disqualification but also a ban on his Pakistan Tehreek-i-Insaf party. Almost all political parties, big and small, which are in the government, believe they cannot compete with Iman Khan and his narrative. The results of recent by-polls in Punjab have disappointed them and they have reached a conclusion that they cannot defeat him in the next general election and he should be disqualified on “technical” grounds. The government has filed two disqualification references against Imran Khan in the ECP. It also decided to file a declaration against the PTI in the Supreme Court. The cabinet has directed the Interior Ministry and Federal Investigation Agency (FIA) to hold an “independent and impartial inquiry” into “money-laundering, fake accounts, misappropriation of funds and the utilisation of donations for political purposes.” It is clear that state machinery will be used to obtain favourable results. People of Pakistan have not forgotten the fact that the current rulers were facing money-laundering, fake accounts and corruption cases, worth billions of rupees, when they were brought to power. It can happen only in Pakistan. In other countries of the world, corruption and money-laundering accused cannot continue their political activities. Their parties expel them if they do not resign themselves on an allegation. They have to first clear themselves from courts before coming to power. In Pakistan, such accused are brought to power first, so that they can quash cases against them. This is the reason Pakistan has been moving in a cycle since its independence. However, the situation has reached a point where it cannot continue for long.
According to the Election Commission of Pakistan (ECP), the PTI received millions of dollars from 351 foreign companies and 34 foreign nationals, including a US-Indian businesswoman. “The matter falls within the ambit of Article 17(3) of the Constitution of Pakistan, Article 6(3) and Article 2(c)(iii) of PPO, 2002. Hence, the Commission directs that a notice may be issued to the party in terms of Rule-6 of PPR, 2002, as to why the prohibited funds may not be confiscated. The office is also directed to initiate any other action under the law, in the light of this order of the Commission, including forwarding the case to the federal government,” it said. However, a number of Pakistanis living abroad exposed the ECP findings as they had been declared “foreigners.” They used social media to inform the ECP that they were Pakistanis living abroad. As regards the Indian woman, she is the wife of a US-Pakistani businessman.
About the donation received from the Wootton Cricket Club, the ECP observed, “The PTI knowingly received and accepted donations from a company which was being operated by a business tycoon who was involved in a criminal fraud. The owner of the offshore company, Arif Naqvi, in his affidavit admitted he voluntarily participated in personally providing and from others, collecting party (PTI) funds, contributions and donations from within the jurisdiction of UAE”.
The ECP notes the collection of donations by companies and people by any means and for any purpose, other than registered permissible category charities, is prohibited under UAE laws. “Therefore, the PTI was a willing recipient and beneficiary of prohibited money to the tune of $2.12 million funneled to its accounts by Arif Masood Naqvi using Wootton Cricket Limited,” the order reads. It says details of the transactions have not been disclosed by the PTI. An examination of the record reveals that M/s Bristol Engineering Services LLC, a UAE-based company, transferred $49,965. The PTI received funds into its accounts in the form of donations of $100,000 from a Zurich, Switzerland-based entity operating as E Planet Trustees, it noted. It says the PTI formed companies in the US, Canada and the UK for fundraising purposes. The donations and contributions collected by these companies were transferred to the party accounts in Pakistan. Similarly, the party received funds into its accounts as donations worth $1,741 from S.S. Marketing, a Manchester, UK-based private limited company.
The ECP verdict also says the PTI disowned 13 accounts, but the disclosure made by respective banks through the State Bank of Pakistan (SBP) for each of the accounts belies the claim. One of the accounts in Lahore was opened and operated by Mian Mehmoodur Rashid, the PTI Lahore president, and another by Mian Mohammad Farooq, the PTI Punjab general secretary. It said a Bank Islami (KASB) account in Peshawar was opened and operated by former National Assembly speaker Asad Qaiser with Shah Farman and lmran Shehzad. Qaiser also operated a Habib bank Limited, Peshawar, account with Muhammad Ashfaq and Mohsin Wadud. Two Habib Bank Limited accounts were opened and operated by PTI Sindh President lmran Ismail with Samar Ali Khan and Muhammad Najeeb Haroon. Another Habib Bank Limited account was opened and operated by Mrs Seema Zia of the PTI Sindh Women Wing, with Mrs Roshna. A Bank of Punjab, Quetta, account was opened and operated by former National Assembly deputy speaker Qasim Suri with Syed Abdul Wahab and Dawood Khan. A KASB, Islamabad, account was opened on the request of Imran Khan with the title of “PTI Disaster Fund”. The account signatories included Imran Khan, Sardar Azhar Tariq Khan, retired Col Younas Ali Raza and Saifullah Khan Niazi. It also provides details of withdrawals and deposits, and discloses that amounts had been transferred from undeclared accounts to declared accounts.
The decision also reveals that Rs11.104 million were deposited in the personal accounts of four PTI paid employees, who had been authorised by the party’s Finance Board to receive funds from within and outside Pakistan.
PTI chief Imran Khan has, for five successive years (2008-09 to 2012-13) under review and examination, submitted Form-1 and signed a certificate, which is not consistent with the accounting information gathered and compiled on the basis of details obtained from banks through the SBP. The submissions Imran Khan filed were grossly inaccurate and wrong, the ECP alleged.
However, Imran Khan believes the ECP verdict is an attempt by the ruling coalition and the powers-that-be to knock him out on “technical” grounds. He alleged the ECP had become “the biggest tool” to control democracy in Pakistan and “hidden hands” manipulate elections through it. He also clarified that there was a difference between an affidavit and a certificate. He said he had signed the certificate given to him by his accountants and auditors. He also contended that taking money from foreign companies wasn’t illegal until 2012, as the law had been introduced in 2017, whereas the PTI had received funds in 2012. On funds received from Arif Naqvi, he says the money had been received in 2012 and Naqvi was charged with fraud six years later in 2018. “How could I have known about that in 2012,” he asked.
It is clear that there are many flaws in the ECP decision. However, it still can be used against Imran Khan and his party. Recently, former Prime Minister Nawaz Sharif assured his party workers that Imran Khan would be ousted from Pakistani politics before the next election. At the same time, efforts are underway to end a lifetime ban and drop cases against Nawaz Sharif. Though he has been convicted and was in jail when allowed to leave the country for treatment abroad, he may soon be free to lead his party’s campaign in the country. On the other hand, there are all signs that Imran Khan would be disqualified, though on flimsy charges. His party could also be banned. However, his activists will not accept it easily. He cannot be ousted from politics right now. He will become more dangerous for the system if ousted from it, because he will not leave the country and will continue to motivate people.