Petition against Asif: IHC reserves verdict

11 Apr, 2018

The Islamabad High Court on Tuesday reserved its verdict in a disqualification case filed against Foreign Minister Khawaja Asif for concealing his Iqama (work permit). A three-member bench of IHC comprising Justice Athar Minallah, Justice Aamer Farooq and Justice Mohsin Akhtar Kayani was hearing PTI leader Usman Dar's petition against Khawaja Asif.
In this matter, Pakistan Tehrik-e-Insaf (PTI) leader Usman Dar has sought disqualification of the federal minister for foreign affairs on grounds that Khawaja Asif had concealed the facts that he was an Iqama holder, legal advisor of a company in the UAE and his latest labour card was issued on June 29, 2017.
Dar filed the petition through his counsel Sikandar Bashir Advocate and nominated Khawaja Muhammad Asif, Election Commission of Pakistan (ECP) and secretary National Assembly as respondents.
Dar stated that he was a candidate for the National Assembly seat in 2013 general election from NA-110, Sialkot, on a PTI ticket.
The petitioner's counsel mentioned in the petition that on the basis of the information and facts that have recently become known to the petitioner and the documents bearing signatures and photographs of the respondent No 1 available with him, he considered it his national duty and lawful obligation to institute a petition under Article 199(1)(b)(ii) against the respondent No 1 as, it is submitted, he is neither entitled to hold the office of MNA nor that of federal minister as he is disqualified under the Constitution.
Therefore, Dar requested the court to initiate quo-warranto inquisitorial proceedings in this regard requiring the respondent to explain under what authority of law he is holding a public office.
In his petition, Usman said that Khawaja Asif is a full-time employee of an Abu Dhabi-based company Int Mech & Elec Co LLC (IMECL) and has been continuously employed since July 2, 2011.
The petitioner has attached some documents with the petition on the basis of which he claimed that Khawaja Asif remained a full-time salaried employee of the company on various positions, including 'legal advisor's' and 'special advisor's'.
The petitioner said that against his employment, Asif was entitled to receive AED 35,000 as salary and AED15,000 as monthly allowances that are being received.
He contended that Asif never disclosed this source of income in Pakistan consequently he is no more 'Sadiq' and 'Ameen'. Before his recent employment, Asif had also been an 'Iqama' holder previously from May 9, 2007 till May 8, 2010. The UAE Ministry of Labor also issued a 'labour card' to Asif on June 29, 2017 whose validity is till June 28, 2019. In his nomination papers for 2013 general elections Asif mentioned his occupation as a businessman while the employment contract reveals another story, the petition said.
He argued that the respondent intentionally concealed this information from the public, from the Federal Board of Revenue (FBR) in his tax returns and in violation of Representation of People Act (ROPA) 1976.
The petitioner said that the Khawaja has disclosed in his wealth statement an amount of Rs 6,820,964 as foreign remittance but that cannot be related as Asif did not mention this amount as salary.
Therefore, the PTI leader prayed to the court to disqualify Khawaja Asif being member of National Assembly under Article 62 and ROPA 1976.

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