Islamabad: The Islamabad High Court on Thursday disqualified Pakistan’s Foreign Minister Khawaja Asif from parliament.
The decision marks another major blow to the ruling Pakistan Muslim League-Nawaz (PML-N) ahead of general elections, after its leader Nawaz Sharif was removed from office by the Supreme Court last year and banned from politics for life in the Panama Papers case.
Asif, a close ally of ousted Prime Minister Sharif and one of the high-profile PML-N leaders, was disqualified by the court as a member of parliament under Article 62(1)(f) of the Constitution for holding an Iqama (work permit) from the United Arab Emirates (UAE).
The judgement was announced by a three-member bench, comprising Justice Athar Minallah, Justice Aamer Farooq and Justice Mohsin Akhtar Kayani. It stated that Asif was not even qualified to contest polls in 2013.
“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” reads the judgement.
The registrar of the court was directed to send a copy of the judgement to the Election Commission of Pakistan (ECP) and the speaker of the national assembly to denotify Asif as member parliament.
Concluding the judgement, the bench observed that “it is not a pleasant duty for any court to be called upon to examine and exercise powers of judicial review which may lead to an elected representative being disqualified as Member of the Majlis-e-Shoora (Parliament)”.
The judgement observed that it would have been appropriate if the issue was invoked in Parliament.
The court said the verdict was passed “with a heavy heart not only because a seasoned and accomplished political figure stands disqualified but more so because the dreams and aspirations of 342,125 registered voters have suffered a setback.”
The petition against Asif was filed by Pakistan Tehreek-e-Insaf (PTI) leader and rival politician from Asif’s constituency in the town of Sialkot, Usman Dar. Dar, who lost the 2013 general election to Asif in Sialkot constituency, sought Asif’s disqualification for concealing the facts that he had a foreign work permit and salary. Khawaja Asif on the other hand contended that he did not conceal anything.
After hearing the verdict, Dar said, “This is a huge achievement for the people of Pakistan and PTI” he said. “After today there is no place left for Khawaja Asif in Pakistan’s politics,” he added.
Talking to media outside the court, PTI leader Fawad Chaudhry said Asif has been disqualified for not disclosing foreign assets and bank accounts. “The only reason they have foreign work permits is that it allows them to transfer [illegal] money to foreign banks and invest in offshore companies. These hidden foreign assets are later legalised through tax amnesty schemes at low tax rates” Fawad clarified.
In response to the verdict, Khawaja Asif, while talking to Geo TV, said that he will challenge the verdict in the Supreme Court. “I never concealed my iqama. It Iqama was declared to the Election Commission of Pakistan,” Asif asserted.
Asif has been contesting and winning from NA-110, Sialkot since at least the last three elections and is a seasoned Politian and senior leader of Pakistan Muslim League-Nawaz. Asif has remained the minister of defence and water and power as well.
