PTI moves SC to unseat Zardari for concealing foreign property

ISLAMABAD: The ruling Pakistan Tehreek-e-Insaf (PTI) on Monday requested the Supreme Court (SC) to disqualify PPP Co-chairman Asif Ali Zardari for concealing his foreign property as well as possessing armoured vehicles in his nomination papers while contesting the 2018 general elections.

Special Assistant to Prime Minister on Youth Affairs Usman Dar and Member Sindh Assembly Khurram Sher Zaman have filed identical petitions with the Supreme Court under Article 184(3) of the Constitution, seeking disqualification of PPP Co-chairman Asif Ali Zardari under Article 62(f)(i) of the Constitution.

They have made Asif Ali Zardari, Secretary Election Commission of Pakistan and Secretary National Assembly as respondents. Filed through advocate Sikandar Bashir Mohmand, the PTI leaders prayed to the apex court to declare that Asif Ali Zardari is neither honest nor Ameen nor righteous nor sagacious (in terms of Article 62(1)(f) of the Constitution and also Section 231 of the Election Act).

“The respondent, Asif Ali Zardari, is not qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament); and consequently, the apex court should further hold and declare that Mr Zardari is permanently disqualified from being and shall cease to be Member of the National Assembly for NA-213,” the petitioners prayed.

They further prayed to the apex court to direct Secretary Election Commission of Pakistan and secretary National Assembly to issue all necessary notification(s) consequent to such declarations and its findings.

The petitioners contended that Asif Ali Zardari is not qualified to be elected or chosen or to officiate as or exercise powers of the ‘Party Head’ (within the meaning of Article 63A of the Constitution), including without limitation, the offices of President of PPPP and Co-chairperson of PPP and that he is disqualified from directly or indirectly, holding, occupying or contesting for any such office (howsoever described).

The PTI leaders referred to the apex court’s suo motu notice of the matter, constituted a Joint Investigation Team (“JIT”) vide its Order dated 5-9-2018 passed in Human Rights Case No39216-G of 2018 (regarding slackness in the progress of pending enquiries relating to fake bank accounts, etc.)

They contended that startling documented revelations of corruption, corrupt practices and money laundering, including those relating to the Respondent No. 1 (Asif Zardari), the final synthesis report filed by the JIT with this court and the annexures thereto, reveal and provide irrefutable proof that Mr Zardari is the owner of: (a) a valuable luxury apartment in the Upper East of the Borough of Manhattan, New York City, United States of America (being Apartment 37F in the building known as ‘The Belaire Condominium’ bearing the address 524, East 72nd Street, 37F, Manhattan (“New York Apartment”) purchased for $530,000 in 2007 by him; and (b) two luxury armoured vehicles (being Mitsubishi and MMTGRKH80AF002252 respectively (“Armoured Vehicles”)) imported from abroad and registered in the Respondent No1’s name with the Excise & Taxation Department, Islamabad. Both the apartment and the two armoured vehicles have not been disclosed in the Form B of the Nomination Papers filed by Zardari on 6-6-2018 as a candidate for NA-213 in the 2018 general elections.

Additionally the documents filed herewith prove that in 2015 the Respondent No 1 (Asif Ali Zardari) also purchased a parking space for the NY Apartment for an estimated $130,000 which has also not been disclosed by him in his nomination papers.

The petitioners recalled that in its judgment dated 27-9-2018 (dismissing the review petition No 2 of 2018 filed against the judgment reported as PLD 2018 Supreme Court 114 (Muhammad Hanif Abbasi v Jahangir Khan Tareen)), this court re-emphasised the paragraph quoted above and the application of the provisions of Article 122 of QESO in the context of disqualification of a MNA on account of non-disclosure by the MNA of a property outside Pakistan.

They contended that in in view of the certified copies of official ownership documents furnished with this petition, the provisions of Article 122 of the QESO and the law laid down by this court in the judgment noted above, a bare denial of ownership of the assets forming the subject matter of this petition will not be and is not sufficient to discharge the burden and onus of proof on the petitioner in respect of the same, which solely and squarely falls upon Mr Zardari personally.

“The evidence in respect of the assets in question is in his possession and control and failure or omission to provide the banking and money trial and related documentary evidence will warrant an adverse inference against the Respondent No 1 (Zardari) as per, inter alia, Article 122 of the QESO and the law laid down by this court”, the petitioners maintained.

The petitioners submitted that the law and principles laid down by this court in the judgments referred to is a fit and proper case for assumption of jurisdiction under Article 184(3) of the Constitution and for adjudication of the disqualification or otherwise under Article 62(1)(f) of the Constitution of the Respondent No.1 (Asif Zardari) by examining and considering the documents appended herewith and the grounds set out in this petition and seeking the reply and explanation of Mr Zardari thereon in the inquisitorial jurisdiction of this court.

“It is settled law that this court in exercise of jurisdiction under Article 184(3) of the Constitution can issue a writ of quo warranto requiring a person holding or purporting to hold a public office to show under what authority of law he claims to hold that office”, the petitioners contended.

They contended that Mr Zardari is liable to be disqualified under Article 62(1)(f) of the Constitution and Section 231 of the Election chosen and from being a member of Majlis-e-Shoora (Parliament), including from being MNA for the constituency NA-213, on account of intentional and willful concealment, suppression and non-disclosure (in his nomination papers (Form B - Statement of Assets and Liabilities) dated 6-6-2018) filed for contesting the general elections 2018 from the constituency NA-213) of an apartment, with a current market price in excess of $729,240 (or Rs102,090,000) on the Upper East Side of New York City in the borough of Manhattan, United States of America, which immoveable property has been owned and held by him in his own name continuously since 20-6-2007 as substantiated and proved beyond any doubt by the documents appended with this petition.