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Hearing a petition against Awami Muslim League President Sheikh Rashid said on Tuesday, the Supreme Court said the findings of the Panama Leaks judgment will be applied on all those cases where candidates have provided incorrect information in their nomination papers.
A three-judge bench, headed by Justice Sheikh Azmat Saeed, was hearing Pakistan Muslim League-Nawaz leader Shakeel Awan's petition against Sheikh Rashid, who had won general elections 2013 from NA-55. The bench after hearing the arguments of both the parties reserved the judgment.
Justice Qazi Faez Isa, another member of the bench, questioned if a member of the Parliament provides incorrect information in his nomination then whether or not he should he disqualified. He said the findings of Panama Leaks will apply on every parliamentarian who gives wrong information about his assets in the nomination papers.
Justice Azmat remarked if it is proved that a person has provided wrong information then he would be disqualified, adding but they have to see whether the misdeclaration was intentional or unintentional. Justice Faez said in the Panama Leaks judgment no where it had not been stated whether the mistake was intentional or by mistake. He said there can't be two standards. "If there is misdeclaration then the person would be disqualified," he added.
However, Justice Azmat said every case has its own facts. In Panama case the respondents [Nawaz Sharif] did not accept his mistake. But in this case the respondent [Sh Rashid] has accepted his mistake. Therefore now they have to see whether the mistake was intentional or unintentional.
Justice Faez differing with Justice Azmat said no where in the Panama judgment this was the issue. He said the law should be whether the mistake was committed intentionally or unintentionally. He said they would see that the mistake benefits the person who had made it.
Earlier, Shakeel Awan's counsel argued that Sheikh Rashid in his nomination papers for NA-55 mis-declared his assets. The AML chief stated that he has 983 kanals and 17 marlas of land, while according to the revenue record, he has 1081 kanals. He said that Sheikh Rashid has also given affidavit about his assets.

Copyright Business Recorder, 2018

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