Khawaja Asif challenges IHC’s disqualification verdict in Supreme Court

• Says petitioner Usman Dar hid the facts from the high court judges

ISLAMABAD: Pakistan Muslim League-Nawaz (PML-N) leader Khawaja Asif on Wednesday challenged the Islamabad High Court’s (IHC) verdict announced last week — that led to the now former foreign minister’s disqualification as a member of the parliament — in the Supreme Court of Pakistan.

Asif has stated in his review petition that he unintentionally failed to disclose his foreign work permit in his nomination papers — the basis for the Islamabad High Court (IHC) decision against him.

He has pleaded the court to declare the IHC judgment null and void, and fix the matter for hearing at the apex court.

The appeal, while challenging the high court’s verdict, also asked that the ECP notification de-notifying Asif should be made void.

Asif, admitting that he was unable to declare his foreign bank account in the nomination papers “unintentionally”, accused the petitioner, Pakistan Tehreek-e-Insaf (PTI)’s Usman Dar, of hiding facts from the court.

The top court will hear the case on May 4.

On Tuesday, Asif, while addressing a party rally in Sialkot’s Allama Iqbal Chowk, made the announcement of challenging the verdict, hoping that he will get “justice from the apex court”.

“If I am not able to contest the elections then someone else will contest it in my place,” he remarked, adding that no power can stop him from serving as a political worker. “I have served people since last 28 years.”

On April 26, a three-judge special bench of the IHC disqualified then foreign minister Khawaja Muhammad Asif as a member of parliament under Article 62(1)(f) of the Constitution for not disclosing his employment in a UAE company as an occupation as well as the monthly salary he was receiving.

The bench headed by Justice Athar Minallah and comprising Justice Mohsin Akhter Kiyani and Justice Aamer Farooq announced its verdict on a petition filed by Usman Dar.

Commenting on the argument put forward by Khawaja Asif’s legal team that “since copies of the passport attached with the nomination paper also contained a copy of the Iqama, therefore there was no misrepresentation or concealment”, the judgement says: “Iqama is merely a residence visa issued by the immigration officials. In the instant case, the non-disclosure was that of the employment as an occupation and the salary per month received there under.”

The judgement also makes a reference to the Panama Papers case, saying: “Supreme Court has not disqualified the former prime minister [Nawaz Sharif] merely for holding an ‘Iqama’ but rather his disqualification was due to non-disclosure of assets; holding an ‘Iqama’ cannot be made the basis for attracting Article 62(1)(f).”

“We declare that the Respondent [Khawaja Asif] was not qualified to contest the General Election of 2013 from NA-110 as he did not fulfill the conditions described under Article 62(1)(f) of the Constitution, read with section 99(1)(f) of the Representation of Peoples Act 1976,” reads the judgement. “The Registrar of this Court is directed to send certified copy of this judgement to the Election Commission for de-notifying the Respondent as Member of the National Assembly of Pakistan. A copy is also directed to be sent to the Speaker of National Assembly of Pakistan for information,” it adds.

Hours after the IHC verdict, the Election Commission of Pakistan (ECP) had formally de-notified Asif as a member of the National Assembly.