Don’t wash dirty linen in court, CJP tells politicians

PML-N, PTI asked not to use proceedings to project their political views

ISLAMABAD: “Political dirt should not be washed in the laundry of court,” said Chief Justice of Pakistan Mian Saqib Nisar while quoting an American scholar.

“Political matters should not be brought to the courts for adjudication,” he said. “Now that they have come before the court, we will fulfil our duty in accordance with the law.”

The chief justice’s remarks came on Thursday during the hearing of a plea by Pakistan Muslim League-Nawaz (PML-N) leader Hanif Abbasi, seeking disqualification of Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan and PTI General Secretary Jehangir Khan Tareen.

When the three-judge bench, headed by the CJP, resumed hearing of the case, Akram Sheikh, counsel for Abbasi, came to the rostrum and said he wanted to make a statement on behalf of his client.



 

The counsel, while referring to the Wednesday’s verbal direction, said that his client followed the court’s observation and avoided talking to the media within the apex court’s premises regarding the case proceedings, but leaders of the opposition party did not do so.

The CJ observed it was very bad, if it did happen. “Sanctity of court proceedings should be maintained as it’s important for the institution,” he said. “The SC is a sacred place.”

The bench then asked the ruling PML-N and the PTI not to use court proceedings to project their political views.

A member of the bench, Justice Umar Ata Bandial, said counsel for the parties can address the media over court proceedings but the same should not be done by people having political interests. “Judges should not be maligned through media talks of both the sides,” he added.



Meanwhile, on a query from the bench, Sheikh submitted that Abbasi does not want the dissolution of the PTI over receipt of foreign funds from prohibited sources. Abbasi, he added, only sought disqualification of the PTI chief as he made false declarations and statements while issuing certificates for the years 2010 to 2013 under Section 13(2) (a) of the Political Parties Ordinance 2002, pledging that no funds from any source prohibited under the law were received by the party.

The counsel said that Khan appointed PTI-USA LLC as its agent under the Foreign Agent Registration Act 1938 "FARA" (part of US Department of Justice), for collecting foreign funding, not only from individuals but also from corporate entities.

The counsel produced a letter written by the PTI to the same department in 2010, wherein it mentioned the aims and objectives of the PTI- USA LLC.

The letter says that the same agent will collect funds for promoting the PTI in Pakistan and abroad, bringing genuine democracy to Pakistan, strengthening judicial and economic justice, modernising education system, eradicating terrorism and doing humanitarian work.



The same PTI-USA LLC will assist elected and appointed officials in the US to understand the issues vital to Pakistan with the aim to help US foreign policy experts formulate US-Pakistan policy that will help strengthen the bilateral ties between the two countries.

However, Justice Bandial observed that they needed proof that funds were being collected through prohibited sources. He also asked whether the same issue was taken up by the Election Commission of Pakistan. The bench was told that the case was pending before the commission.

The PML-N leader’s counsel also gave arguments on the offshore company -- Niazi Service Limited. The bench asked the counsel to refer to a law making mandatory that the details of foreign property should be mentioned in income tax documents. He said he would give an answer in this regard on Monday.

Later, Sheikh submitted four other formulations on the basis of which he sought disqualification of the PTI chief.



He stated that Imran failed to disclose assets and concealed an offshore company while submitting his statements of assets and liabilities. As a result, he is liable to be declared disqualified from being elected or remaining a parliament member under Articles 62 and 63 of the Constitution.

He is guilty of offences of “corrupt practice” and “tax evasion” by declaring that the Bani Gala property is a gift from his former wife Jemima Khan in his statements of assets and liabilities, while she was only a Benamidar of the said property.

Misdeclarations and misstatements regarding the Bani Gala property make Respondent No 1 (Imran) disqualified under Article 62 (1)(f) of the Constitution, he said, adding that the respondent No 1 misused the tax amnesty scheme and committed fraud with the national exchequer.

Sheikh will continue his argument on Monday.