Supreme Court invalidates Khawaja Asif’s disqualification by IHC

ISLAMABAD: The Supreme Court of Pakistan has annulled the verdict of Islamabad High Court (IHC) disqualifying former foreign minister Khawaja Asif from the office.

The decision is announced by a three-member bench headed by Justice Umar Atta Bandial. Asif had filed a review petition in the SC against his disqualification in late April.

Asif’s counsel Muneer A. Malik, in the plea, had informed the court that the former foreign minister was disqualified on three grounds: ie, holding an Iqama, not declaring his salary in his nomination papers, and not declaring a sum of 4,700 UAE dirhams in his nomination papers.

Challenging the IHC’s decision, Malik said that there had never been a transaction in a Dubai bank account which was closed on July 7, 2015.

اللہ نے مجھ عاجز اور گناہ گار پر رحم اور کرم کیا ھے ۔۔ رب العزت کا احسا ن اور مھر بانیوں کا شمار ھی نھیں ۔۔ میں عدلیہ کا شکریہ ادا کرتا ھوں ۔۔ الحمداللہ

— Khawaja M. Asif (@KhawajaMAsif) June 1, 2018

The nomination papers for 2013 elections had only asked for three prior years of tax declarations, which was included by Asif, he argued, before adding that Asif’s tax declaration from 2012 included details of the salary he received from his Iqama job.

In April 2018, Asif was disqualified by the Islamabad High Court under Article 62 of the Constitution for concealing facts about holding an Iqama [foreign work permit]. The bench headed by Justice Athar Minallah and comprising Justice Aamer Farooq and Justice Mohsin Akther Kiyani announced the verdict.

The case background

Pakistan Tehreek-e-Insaf leader Usman Dar, who had contested against Asif during 2013 general elections in the NA-110 constituency from PTI’s platform, filed a petition against Khawaja Asif, arguing  that Asif hid the fact of holding an Iqama, or a foreign work permit, in his nomination papers.

Dar, through his counsel Sikandar Bashir Mohmand, nominated Asif, the Election Commission of Pakistan (ECP) and the National Assembly secretary as respondents and sought relief under Article 199(1)9b)(ii) read with Article 63(1)(f).

Earlier, Mohmand had argued before another larger bench that Asif in his nomination papers mentioned himself as a businessman whereas his Abu Dhabi Iqama proved that he was and still is an employee of a company in a different capacity.

The petitioner had adopted a stance that Asif is ineligible to hold the office of MNA as well as federal minister for being a party to an ‘unlimited term employment contract’ between him and the International Mechanical and Electrical Company (IMECL) – a limited liability company located in Abu Dhabi and existing under UAE laws.

“Asif has been hired as a full-time employee of IMECO since July 2, 2011 and served at various positions, including legal and special advisor,” the PTI leader claimed in his petition.

According to the contract signed between two parties, Asif was to receive a monthly basic salary of AED35,000 along with a monthly allowance of AED15,000.

Asif was still receiving the salary and allowance while serving as foreign minister, the petitioner claimed while requesting the court to disqualify him.

Khawaja Asif had earlier submitted a letter of a UAE-based International Mechanical and Electrical company in the court stating that he had never served as full-time employee of the firm.

It merits to note here that the employment permits of two federal ministers –  Khawaja Asif and Ahsan Iqbal – were surfaced after the Panama joint investigation team (JIT) unearthed ex-PM Nawaz Sharif’s UAE-based Iqama (work permit).

 

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