ISLAMABAD: A three-member bench of the Islamabad High Court (IHC) is set to begin on Tuesday the hearing of a case seeking Foreign Minister Khawaja Asif’s disqualification from public office.

The bench comprising Justice Aamer Farooq, Justice Mohsin Akhtar Kayani and Justice Mian Gul Hassan Aurangzeb will hear the petition filed by Usman Dar, a Pakistan Tehreek-i-Insaf (PTI) candidate who lost to Mr Asif in the 2013 elections.

The petitioner has accused Mr Asif of not disclosing his UAE Iqama and salary in the nomination papers he had filed to contest election for the National Assembly seat of NA-110, Sialkot, in the 2013 general elections. Mr Asif had defeated Mr Dar with a margin of over 21,000 votes.

Foreign minister is accused of not declaring his UAE Iqama while filing nomination papers at the time of election

The petitioner has sought Mr Asif’s disqualification under Articles 62 and 63 of the Constitution, the same articles invoked for the disqualification of former prime minister Nawaz Sharif.

He has alleged that the foreign minister had not declared details of his employment contract with a UAE-based company and had concealed the details of the salary he drew from the company.

Justice Aamer Farooq had first heard the plea on Sept 18. After the preliminary hearing, the judge was of the view that “the issues raised in the petition are of first impression and involve the interpretation of Election Laws as well as Constitutional provisions”.

The order issued on Sept 18 reads, “In view of the situation it is just and proper that the instant petition be heard by a larger bench of this court. (Registrar’s) Office is directed to place the file before the Hon’ble Chief Justice for appropriate orders.”

The petition stated that Mr Asif had been an employee of Mech and Elec Co LLC (IMECL) since 2011 where he was working as a special adviser.

It said that he was a full-time employee of the IMECL and as per the employment contract his salary was 50,000 UAE dirhams per month.

The petition relied on a recent definition the Supreme Court had put forth regarding receivable salary, on the basis of which Mr Sharif was disqualified from office.

It said that Mr Asif was entitled to draw a salary which was his receivable asset; however, since he had not declared it in the nomination form while contesting the 2013 general elections from NA-110, he was not qualified to remain a member of the National Assembly.

The petitioner claimed that he had recently learned about the Iqama (work permit) and salary details of Mr Asif; therefore he had approached the IHC against the minister now.

The petition pointed out that the Iqama was renewed on June 29, 2017 and was valid till June 28, 2019, which established that in spite of being a federal minister, Mr Asif “intends to surreptitiously and secretly continue his full-time employment with IMECL in violation of his oath of office under the Constitution of Pakistan”.

According to the petition, Mr Asif was not only a full-time employee of the IMECL in 2013, when he was holding the portfolio of the federal minister for water and power, but in the past while the Pakistan Muslim League-Nawaz was in a coalition government with the Pakistan Peoples Party, he was a federal minister till the time his party parted ways with the PPP.

It said that Mr Asif had concealed his job and the right to receive a salary while filing nomination papers for both the terms.

Published in Dawn, September 24th, 2017

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