IHC reserves verdict on maintainability of disqualification petition against Khawaja Asif

PTI leader Usman Dar requests court to disqualify foreign minister for possessing Iqama, non-declaration of assets

ISLAMABAD: The Islamabad High Court decided on Monday to constitute a larger bench for hearing a petition filed by a PTI activist who contested election in NA-110 in 2013, seeking ‘permanent’ disqualification of Foreign Minister Khawaja Mohammad Asif under Article 62 and 63 of the Constitution.

Justice Aamer Farooq requested the chief justice of IHC to form a larger bench in this regard while hearing the petition of Muhammad Usman Dar against Khawaja Asif for possessing “an Iqama (foreign work permit)”.

The petitioner, through his counsel Sikandar Bashir Mohmand, named Khawaja Asif, the Election Commission of Pakistan (ECP) and the Secretary of the National Assembly as respondents and sought relief under Article 199(1)(9b)(ii) read with Article 63(1)(f) of the Constitution.

The petitioner said that it was a “fit matter for inquisitorial proceedings”.



Asserting that Khawaja Asif was not entitled to hold the office of an MNA or federal minister under the “Unlimited Term Employment Contract” between Asif and International Mechanical and Electrical Co. LLC (IMECL), a limited liability company located in Abu Dhabi existing under the laws of the United Arab Emirates (UAE).

The petitioner claimed that Khawaja Asif “has been continuously employed as a full time, salaried employee of IMECL since at least July 2, 2011” and held various positions, including ‘legal advisor’ and ‘special advisor’.

Citing articles of the employment contract, the petitioner said that the first one stipulated that Khawaja Asif “must provide the services thereunder within the UAE” while the second article stated that “employee shall only have one (1) rest day per week”.

The counsel maintained that Khawaja Asif received a monthly ‘basic salary’ of 35,000 dirhams along with a monthly allowance of AED15,000, amounting to an aggregate payment of AED50,000 per month.



He said that this amount “is currently being received” by Khawaja Asif, adding that the respondent “is entitled (as a receivable and asset) whilst acting as the foreign minister of Pakistan and MNA from NA-110”.

He said that the salary and allowances amounted to Rs17,211,816 per annum at the current exchange rate, adding that this amount was never “properly and specifically” disclosed by Khawaja Asif “betraying his dishonest intent and non-ameen and non-righteous character”.

He maintained that attached documents showed that Khawaja Asif remained a full-time employee at the IMECL at least since 2011 till date.

Documents also proved that the latest ‘Labour Card’ issued by UAE’s Ministry of Labour was issued on June 29 this year which bore an expiry date of June 28, 2019.



He said that the evidence “establishes that in spite of being the foreign minister and MNA, Khawaja Asif intends to surreptitiously and secretly continue with his fulltime employment with IMECL, in violation of his oath (of office), his obligation of fidelity”, besides creating a conflict of interest with the office of the federal minister “and his continuing obligation under provisions of Article 62 and 63 of the Constitution”.

The petitioner’s counsel argued that Khwaja Asif had secretly been a full-time and salaried employee of an “offshore company”, entitled to receive substantial salary and allowances.

He said that Khawaja Asif concealed this information during the 2013 general elections and described himself as running a business under the head of occupation.



“Such an individual … is not fit to lawfully continue to hold the office of federal minister or MNA,” he said.

Citing wealth returns, he said that Khawaja Asif failed to declare “the actual balance of each account”.

He requested the court to declare that Asif “is not of good character in terms of Article 62(1)(d), inter alia, neither honest nor ameen nor righteous nor sagacious and stands disqualified for holding the public offices”.

He also requested the court to permanently disqualify Khawaja Asif from holding any public office.