Khawaja Asif's counsel Monday admitted that former federal minister for foreign affairs was in 'serious employment in the United Arab Emirate and was receiving wages.' A three-member bench, headed by Justice Umar Atta Bandial and comprising Justice Faisal Arab and Justice Sajjad Ali Shah heard the appeal against the Islamabad High Court decision.
Leader Pakistan Muslim League-Nawaz and former Foreign Affairs Khawaja Asif on May 02, 2018 had filed an appeal in the apex court against the judgment of Islamabad High Court (IHC). The High Court on April 26, 2018 disqualified Asif for life under Article 62(1)(f) of the Constitution for not disclosing his employment in a UAE company as an occupation as well as the monthly salary he was drawing.
Pakistan Tehreek-e-Insaf (PTI) leader Usman Dar had sought the disqualification of the federal minister for foreign affairs on the grounds that Asif had concealed the facts that he was an Iqama holder, legal advisor of a company in the UAE and his recent labour card was issued on June 29, 2017.
Munir A Malik, representing Khawaja Asif, said the impugned judgment of Islamabad High Court had made observation that the PML-N leader deceived the UAE government. He argued that before coming into politics, his client was a banker and worked for BCCI. He was advisor to the company and was drawing salary 50,000 dirham, which was paid to him because of his performance.
On the query of Justice Faisal Arab, the counsel explained that there were allegations of corruption against his client. Justice Bandial said there is allegation that Asif did not declare in his nomination papers that he was getting salary from the UAE. Malik contended that the IHC declared hiding salary as bad intention and on that basis disqualified his client under Article 62(1)(f) of Constitution.
He told the court that according to the UAE labour law, a worker has to work eight hours a day, adding Kh Asif after signing the contract with the UAE got novation, which was acceptable to both the parties.
Justice Bandial remarked, "Your client was advisor, but the contract was of a worker's." Malik replied that it is the interpretation of the contract as the term worker could be used for legal advisor or management advisor.
Justice Umar Bandial observed that there is no apparent cause of deception that the former minister derived some benefit by not disclosing the fact. However, the judge observed that Khawaja Asif's salary was increased from 30,000 dirham to 50,000 dirham when he assumed the charge of an important ministry. Justice Bandial remarked that the salary was increased not without a purpose. He inquired whether the UAE company has business in Pakistan as well.
Malik contended that there is no law in the country that prohibits an MNA from working. Justice Bandial remarked that the huge salary and Iqama were not given without any purpose. Malik completed his arguments and on the next date Usman Dar's lawyer would plead his case. The case was adjourned until May 31.
In his petition, Asif has contended that he had not concealed his foreign bank account intentionally while submitting his nomination forms for the 2013 general election. He also contended that the IHC declared the mistake 'dishonesty' without any evidence, which was against the norms of justice.
The petitioner requested the apex court to declare the IHC verdict null and void and the notification issued by the Election Commission of Pakistan should be withdrawn, by declaring that non-mentioning of the deactivated account in the nomination form was a mistake.
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