Chief Justice of Pakistan Saqib Nisar on Wednesday asked Akram Shiekh, the lawyer representing PML-N leader Hanif Abbasi, whether any documents were available to prove that the Pakistan Tehreek-i-Insaaf (PTI) had accepted prohibited funds.
The chief justice was presiding over the three-member apex bench, comprising Justice Faisal Arab and Justice Umar Atta Bandiyal, that has been hearing a petition submitted by Abbasi seeking the disqualification of PTI Chairman Imran Khan and PTI Secretary General Jahangir Tareen for the non-disclosure of assets, ownership of offshore companies, and for PTI being a foreign-aided party.
During Tuesday's proceedings in the apex court, Sheikh had argued before the apex bench that Khan had submitted a "fake" certificate before the Election Commission of Pakistan [ECP] to show that no donations from prohibited sources were received by the party and therefore, should be disqualified under Article 62 of the Constitution.
However, the chief justice had observed that the Political Party Order (PPO) 2002 did not envisage such a penalty for the submission of a “fake” certificate.
"On what basis can it be said that the certificate [submitted by the PTI] is fake?" the chief justice asked the lawyer on Wednesday.
Sheikh told the bench that the chief justice's observations from a day earlier warranted further clarification.
"The nation should be made aware that funds were accepted [by the PTI] from multinational companies," Sheikh said, adding that the PTI had admitted to accepting prohibited funds.
"Prohibited funds can be confiscated; there are laws that allow such funds to be confiscated," Sheikh argued. "If the head of a political party submits fake certificates, politicians will cease to be honest."
Listening to Sheikh's lawyer, Justice Bandiyal told him that he would have to prove that the PTI had accepted prohibited funds.
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