INSUBCONTINENT EXCLUSIVE:
SC strikes down Khawaja Asif's disqualification ISLAMABAD: The Supreme Court of Pakistan on Friday declared
Islamabad High Court would allow him to contest the upcoming general election.The judgement over the former foreign minister was announced
three-member bench of the apex court headed by Justice Umer Ata Bandial and comprising Justice Faisal Arab and Justice Sajjad Ali Shah heard
the appeal of former foreign minister Khawaja Asif against his disqualification.The Islamabad High Court (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, Silakot as he did
Act (ROPA) 1976.The court had held that Mr Khawaja purposely wrongly stated his occupation in the nomination form as business to conceal his
employment and salary with the UAE company from the electorate of Sialkot NA-110
The IHC had also held that Khawaja Asif had purposely concealed his salary Of AED9000 in his statement of assets and liabilities in the
nomination form prescribed under section 12 of the ROPA Act 1976.Pakistan Tehreek-e-Insaf leader Usman Dar had filed a petition before the
Islamabad High Court (IHC), seeking disqualification of Foreign Minister Khawaja Asif for concealing his Iqama
Khawaja Asif however, had challenged in the Supreme Court his disqualification and had submitted that there is no constitutional bar on
employment of members of the National Assembly.Resuming the hearing into the instant appeal, Justice Umer Ata Bandial while heading the
bench observed that disclosing foreign salary by the petitioner (Khawaja Asif) is sufficient adding that it was not fair to destroy anyone
carrier.The court questioned as to whether Khawaja Asif had disclosed in his nomination papers, salary of AED9000
Sikandar Bashir Mohmand, counsel for Usman Dar, responded that he did mention AED9000 but mentioned zero in next box of the nomination paper
Justice Umer Ata Bandial observed that it would be examined as to whether facts were mentioned in the nomination papers or not
Sikandar Bashir Mohmand contended that it was not disclosed before the tribunal separately regarding the salary as well as foreign income,
adding that Mr Asif had also not shown in tax returns, the foreign remittances of Rs3.8 million
He further submitted that Khawaja Asif did not mention his salary in foreign remittances of Rs6.8 million as well.The court however,
observed that it would not go into the tax returns as it is the job of tax authorities to impose penalty on it
The learned counsel for Usman Dar further submitted that the foreign income of Khawaja Asif is liable for tax in Pakistan, adding that he
concealed his foreign employment in tax returns and nomination papers as well
Justice Umer Ata Bandial observed that the issue before the court pertained to disqualification under Article 62(1)(f).Whether Khawaja Asif
mandatory to disclose sources of foreign remittances
He further observed that the law has given immunity regarding foreign income and its sources
Sikandar Bashir Mohmand however, submitted that the said immunity was granted only to Pakistani nationals living abroad.Justice Umer Ata
Bandial however, observed that immunity was given so that rich people could bring back their money to Pakistan and recently in the amnesty
scheme, the flaw in the income tax law was removed
Justice Bandial further observed that by not disclosing sources of income how disqualification could be made adding if tax was not paid,
He further said that the court will look into matter relating to Article 62(1)(f) seriously adding that the court is very much cautious by
examining the cases pertaining to lifetime disqualification
Later, the court adjourned the hearing till today (Friday) at 8:30am wherein Munir A Malik, counsel for Khawaja Asif will argue before the
