PHOTO: File
The larger bench – comprising Justice Aamer Farooq, Justice Mohsin Akhtar Kayani and Justice Miangul Hassan Aurangze – will take up Mohammad Usman Dar’s petition on September 26, alleging that Asif possesses a foreign work permit or iqama.
Dar had been a PTI candidate in 2013 general election from NA-110 – the Sialkot constituency in Punjab province from where Asif was elected to the National Assembly.
The same three-member bench will also hear a petition from PTI chairman Imran Khan, requesting the court to restrain the Election Commission of Pakistan (ECP) from contempt proceedings against him.
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On September 20, the bench suspended the top electoral body’s order while directing Khan's counsel, Babar Awan, to submit a reply to the ECP show-cause notice of August 24. The bench also ordered that the reply be duly signed by Khan and presented before the ECP by September 25.
The bench would take up Khan's case on September 26 as well.
Meanwhile, Dar, through his counsel Sikandar Bashir Mohmand, has made Foreign Minister Asif, the ECP and the National Assembly secretary as respondents and sought relief under Article 199(1)9b)(ii) read with Article 63(1)(f) of the constitution.
On September 18, Justice Farooq of the IHC had heard the case and after a preliminary hearing observed that "the issues raised in the petition are of first impression and involve interpretation of the election laws as well as constitutional provisions.”
Justice Farooq added, “In view of the situation it is just and proper that the instant petition be heard by a larger bench of this court. The [registrar] office is directed to place the file before the honorable chief justice for appropriate orders.”
In the petition, Dar has stated that in view of the facts and documents appended with the petition, this is a fit matter for inquisitorial proceedings; and that Asif is not entitled to hold the office of MNA nor of the federal minister under the Unlimited Term Employment Contract (Employment Contract) between Asif and Int. Mech & Elec Co. LLC (IMECL), a limited liability company located in Abu Dhabi existing under the laws of the United Arab Emirates (UAE).
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The petitioner has claimed that Asif has been continuously employed as a full time, salaried employee of IMECL since at least July 2, 2011, and has held various positions, including legal advisor and special advisor.
He has submitted that first article of the employment contract stipulates that Asif must provide the services thereunder within the UAE while the second one states that employee shall only have one rest day per week.
As per the contract, he has claimed, Asif was to receive a monthly basic salary of AED35,000 along with a monthly allowance of AED15,000 which brings the total payment to AED50,000 per month. The same is already being received by and to which the respondent (Asif) is entitled (as a receivable and asset) whilst acting as the foreign minister of Pakistan and MNA from NA-110.
Dar has further claimed that the salary and allowances amount to Rs17,211,816 per annum at the prevailing current exchange rate and they have never been properly disclosed in Pakistan, adding that Asif is thus betraying his dishonest intent and non-righteous character.
He has stated that the documents attached with the petition regarding Asif's employment period in the UAE reveal that he remained a fulltime employee at the IMECL from 2011 or before, till date. The documents, he maintains, prove that the latest labour card from UAE’s Ministry of Labour was issued on 29-6-2017 and the expiry date on it is June 28, 2019.
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According to the petition, despite being the foreign minister and an MNA, Asif intends to secretly continue his fulltime employment with IMECL, in violation of his oath, his obligation of fidelity and the assurance of no conflict to federal minister office, while also being against his continuing obligation under provisions of Article 62 and 63 of the constitution.
He has argued that Asif has secretly been a fulltime, salaried employee of an offshore company from which he is entitled to receive a substantial salary amongst other allowances, alleging that he concealed this material information during the 2013 general election, declaring that he was a businessperson.
"Such an individual, it is respectfully submitted, is not fit to lawfully continue to hold the office of Federal Minister or be an MNA," he has stated, adding that in the wealth statements, he failed to declare the actual balance of his accounts.
The petitioner has requested the court to declare that Asif is not of good character under the Article 62(1)(d), inter alia, and nor is he honest and stands disqualified for holding public offices.
He has also prayed that the court declare Asif to be permanently disqualified from the position of an MNA from the NA-110 constituency and also be permanently disqualified from holding the office of a federal minister in the cabinet.
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