ISLAMABAD   -   Election Commission of Pakistan on Thursday informed the Supreme Court that Tehreek-e-Labaik Pakistan, which secured more than 2.23 million votes in the July general elections, has so far not submitted money trail for the election campaign.

“The subject political party (TLP) participated in the General Elections, 2018 but has not submitted the details of campaign finance till date,” the ECP submitted in the top court, adding that TLP’s chief Khadim Hussain Rizvi while applying for allocation of his party’s symbol had submitted a certificate of accounts maintained by the party with a private bank.

The reply, however, further stated that the head of the TLP had certified that no funds from any source prohibited under Section 210 of Election Act 2017 were received and that the statement contained an accurate financial position of the political party.

On October 11, a 2-judge bench comprising Justice Mushir Alam and Justice Qazi Faez Isa after hearing suo moto notice regarding Faizabad sit-in by TLYR had directed the ECP to place the detailed chronology of registration of the TLYR as political party with the ECP and inquiry into its funding. The same 2-judge bench will hear the case on Friday (today).

The ECP in its 7-page reply further stated that it has issued notices to those political parties who have failed to submit campaign finance failing which their election symbols shall be withheld.

The reply submitted by Deputy Attorney General Sohail Mehmood on behalf of ECP added that TLP’s chief submitted application on March 22, 2017 for enlistment after which the scrutiny committee strictly scrutinised and recommended for enlistment after finding the application in conformity with provisions of Political Parties Order 2002 and Political Parties Rules 2002.

The reply further said that after fulfilment of legal requirements, the TLP was allotted crane as symbol.

The ECP further revealed that Rizvi had submitted another application in ECP expressing reservations on the name of the party and stated that their party should have been enlisted in the name and style of the TLYR.

However, the staff of the ECP objected to the application seeking change in the name of party and Rizvi accepted ECP’s objection for the time being, the reply added.

“However, they (TLP) requested for reconsideration of the change of name of their party as TLYR or in alternate, the same name might not be allowed to be used by any other political party in future. The said application for change of name is still pending decision by Election Commission,” the reply added.

It is submitted that after the enactment of Election Act 2017, all the election-related laws were repealed including Political Parties Order 2002 and Political Parties Rules 2003.

Sub-section 4 of Section 202 of the EA 2017 requires all enlisted political parties to submit a list of 2,000 members and proof of deposit of Rs200,000 in favour of the ECP in State Bank of Pakistan or National Bank of Pakistan as enlistment fee in the relevant head of accounts.

The reply added that TLP submitted the relevant document along with the copy of Challan showing deposit of Rs200,000 as enlistment fee on January 8, 2018.

Meanwhile, Barrister Masroor Shah, advocate of Supreme Court, filed a petition in the top court praying for initiating contempt of court proceedings Rizvi and Qadri for scandalising the top court and tending to bring it and the judges into hatred, ridicule and contempt.

The petition also requested the top court to issue directives to government for dissolution of the TLP as political party pursuant to Section 212 of the Elections Act, 2017 by making declaration to the effect that the TLP was operating in a manner prejudicial to sovereignty and integrity of Pakistan and was indulged in terrorism.

It also prayed to direct federal government to take strict meaningful legal action against Rizvi and Qadri for committing offences of sedition, incitement to mutiny, criminal intimidation, rioting and terrorism instead of succumbing to political exigencies and taking mere cosmetic measures.

The petitioner made federal government, ECP, TLP, its chief Khadim Rizvi and TLP’s leader Peer Afzal Qadri as respondents.

As soon as the decision of acquittal of Christian Woman Aasia Bibi from blasphemy charges was announced, leadership of TLP held country-wide protests and armed hooligans of TLP blocked public highways, roads and motorways and tortured members of law enforcement agencies as well as ordinary citizens while public and private property worth billions of rupees was also burnt and damaged, the plea stated.

“During three days of violent protests, central leadership of TLP vociferously spitted venom against the judges of Supreme Court and Chief of Army Staff. They did not even shy away from inciting bodyguards and personal servants of the judges and the Army Chief to take law into their own hands.

More alarming was the provocation on part of the TLP leadership calling upon members of the armed forces to stage mutiny against their commanders,” the petition stated.

The petition also produced the translated script of Qadri’s speech wherein he issued edict that all the 3 Judges, who gave Aasia Bibi acquittal verdict, were liable to be killed and anyone assassinating them would attain the status of Ghazi Ilm-ud-Din Shaheed and Ghazi Mumtaz Qadri.

“Such acts on part of TLP and its leadership amount to gross contempt of the Supreme Court. Inciting the revered armed forces of the county to stage mutiny and rebel against their own commanders prejudices the sovereignty and integrity of Pakistan as the armed forces and the independent judiciary is the backbone of the country’s integrity and sovereignty. Besides, the acts and deeds of TLP constitute offences of Sedition, Criminal Intimidation, Rioting, Terrorism and Incitement to commit mutiny”.

“Besides, the TLP also indulges in spreading hatred against a particular group of citizens professing a different faith vis-à-vis other Muslims.”

In order to brush the problem under the carpet, cosmetic arrests of a few minions have nevertheless been made but the real masterminds and the political party that pre-orchestrated the entire mayhem, incited people to assassinate holders of top constitutional offices, stage mutiny and attempted to prejudice sovereignty and integrity of the country has deliberately been left untouched, the petition contended.   

The petitioner submitted that a political party calling upon officers and soldiers of Pak Army to commit mutiny against its generals is liable to be decaled as operating against sovereignty and integrity of Pakistan and hence liable to be dissolved under Section 212 of the Elections Act, 2017.