SC sets aside disqualification of Kh Asif

ISLAMABAD: The Supreme Court on Friday set aside the verdict of the Islamabad High Court (IHC) disqualifying former foreign minister Khawaja Asif from membership of the Parliament.

A three-member bench of the apex court headed by Justice Umer Ata Bandyal and comprising Justice Faisal Arab and Justice Sajjad Ali Shah announced the verdict in the appeal filed by Khawaja Asif against his disqualification.

Earlier, the court had reserved the judgment after resuming the hearing at 8:30am and hearing the arguments of the counsels for both the parties. Later, the court announced the verdict, setting aside the verdict of IHC, disqualifying Khawaja Asif form holding public office.

“Reasons to be recorded later on, we allow this petition and convert it into an appeal,” Justice Umer Ata Bandial announced a short order.

After the decision of the apex court, the PML-N leader Khawaja Asif has now become eligible to contest the forthcoming general elections, scheduled for July 25.

Munir A Malik, counsel for Khawaja Asif, contended that his client had mentioned all the necessary details in his nomination papers for the 2013 general elections. He submitted that his client had declared his bank accounts details and Iqama (work permit) before the writ was submitted by Usman Dar.

During the hearing on Thursday, the Supreme Court had observed that it would unfair to destroy the career of a parliamentarian because he failed to quantify his assets, though he disclosed their source under the relevant law.

On April 26, the IHC had disqualified Khawaja Asif by declaring that he was not qualified to contest the General Election of 2013 from National Assembly constituency NA-110, Sialkot as he did not fulfil the conditions described under Article 62(1)(f) of the Constitution read with Section 99(1)(f) of the Representation of People’s Act (ROPA) 1976.

The court had held that Khawaja Asif purposely and wrongly stated his occupation in the nomination form as business to conceal his employment and salary with the UAE company from the electorate of his constituency. The IHC had also held that Khawaja Asif has purposely concealed his salary Of AED 9,000 in his statement of assets and liabilities in the nomination form prescribed under Section 12 of the ROPA 1976.

The PTI leader Usman Dar had filed a petition before the IHC, seeking disqualification of Khawaja Asif for concealing his Iqama.

Khawaja Asif however, had challenged in the Supreme Court his disqualification and had submitted that that there is no constitutional bar on employment of members of the National Assembly.

Following the decision, Khawaja Asif said Allah had bestowed mercy upon him.

“I want to thank the judiciary,” Asif tweeted. Reacting to the verdict, Usman Dar congratulated Khawaja Asif for becoming eligible to contest general elections.

“We will compete in the court of people in Sialkot now. There will be a tough competition in Sialkot,” he said.

While speaking to media outside the Supreme Court, he remarked that he has a message for former prime minister Nawaz Sharif and his daughter Maryam Nawaz. “Maryam and Nawaz may keep saying whatever they want to the court but it is the court which has deemed their worker to be eligible,” he said.