Tariq Ullah Wardag
ISLAMABAD: The Islamabad High Court (IHC) Thursday disqualified Foreign Minister Khawaja Muhammad Asif as member of the parliament for not disclosing his ‘Iqama’ (residential permit) and salary received from a United Arab Emirates (UAE) based company in his nomination papers submitted for the general election 2013.
The three-member larger bench comprising Justice Athar Minallah, Justice Aamer Farooq and Justice Mohsin Akhter Kiyani announced the 35-page judgment that was reserved on April 10, in a case challenging his eligibility as a member of parliament filed by Pakistan Tehreek-i-Insaf (PTI) leader Usman Dar.
Justice Athar Minallah read out the verdict in presence of Khawaja Asif and petitioner Usman Dar.
According to the judgment, Khawaja Asif was not qualified to contest the General Election of 2013 from NA-110 as he did not fulfill the conditions described under Article 62(1)(f) of the Constitution, read with section 99(1)(f) of the Representation of Peoples Act 1976,”.
According to judgement it was “obvious from the facts and circumstances in the instant case that the Respondent (Khawaja Asif) had deliberately and willfully not disclosed his status as an employee of the Company, nor receiving of the salary per month pursuant thereto, despite having been expressly put to challenge by other contesting candidates.”
“The validity of ‘Iqama’, working as an employee of the Company and receiving a substantial salary without being physically present, which is AED 50,000/- per month under the Third Contract executed in July 2017, were some benefits gained from non-disclosure. Disclosure would have led to giving up the ‘Iqama’ and the hefty salary paid by the Company for some advice sought telephonically by a foreign-based employer from the prospective Defense and then Foreign Minister of Pakistan. We have deeply pondered but could not persuade ourselves that this deliberate and willful non-disclosure was a bonafide or honest omission.”
“The lack of honesty was established by not disclosing the employment as an occupation and the salary received per month despite the vague and obscure amount declared as foreign remittances having been specifically challenged. This would also apply to the non-disclosure of the account maintained with the Bank of Abu Dhabi. Nothing has been placed on record to show that a request had been made for closing the account before submitting the nomination paper.”
The court noted that it would have been appropriate if the political party to which the petitioner belongs, the PTI, had raised the issue at hand in the parliament before invoking the jurisdiction of the court.
While concluding the judgement, the bench observed,”It is not a pleasant duty for any court to be called upon to examine and exercise powers of judicial review which may lead to an elected representative being disqualified as Member of the Majlis-e-Shoora (Parliament)”.
It said,”The bench has handed down this judgment with a heavy heart not only because a seasoned and accomplished political figure stands disqualified but more so because the dreams and aspirations of 342,125 registered voters have suffered a setback.”
The bench directed the court’s registrar to send a certified copy of the judgment to the Election Commission of Pakistan for de-notifying the respondent as Member of the National Assembly and another to the NA Speaker for information.
It may be mentioned that Usman Dar, in his petition, adopted the stance that Asif had not declared his job at a UAE company and its salary in the nomination papers he submitted for the general election 2013.
Khawaja Asif contended that he had declared AED50,000 as foreign income in the papers.
