Former foreign minister Khawaja Asif on Saturday submitted a written reply in the case challenging his disqualification in the top court.
In his reply, Asif argued that there was no constitutional bar on employment of members of the National Assembly (NA). “NA members can be employed otherwise despite their duties to the House,” adding that the major part of his income comes from private business.
“Listing business as an occupation is not wrong,” he said.
The reply further stated that no transaction had been made from Khawaja Asif’s bank account in Dubai. “Non-declaration of closed account is not unlawful,” he added.
He said that he had mistakenly concealed the Dubai bank account details.
On April 27, the IHC disqualified Khawaja Asif under Article 62 (1) (f) of the constitution.
A three-member bench, headed by Justice Athar Minallah, had reserved verdict on Pakistan Tehreek-e-Insaf (PTI) leader Usman Dar’s plea on April 10.
The bench disqualified Khawaja Asif in the following words: “We declare that the respondent was not qualified to contest the General Election of 2013 from NA 110 as he did not fulfil the conditions described under Article 62(1)(f) of the Constitution, read with section 99(1)(f) of the Act of 1976. The petition is, therefore, allowed. The Registrar of this Court is directed to send certified copy of this judgment 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.”
Afterwards, Asif challenged the decision of his disqualification over an iqama (work permit) in SC, saying that he had “unintentionally” concealed the details of his bank accounts but provided them before the filing of current writ.
He further requested the court to annul the notification of the Election Commission of Pakistan (ECP).
Usman Dar, the PTI’s leader who lost elections to Asif in May 2013, had moved the IHC against Kh Asif, relying on apex court’s landmark July 28 judgment pertaining to receivable salary under which the SC had ousted ex-premier Nawaz Sharif.
Published in Daily Times, May 20th 2018.
