IHC seeks reply from Asif over Iqama

ECP also re-issued notice to reply before the next hearing

ISLAMABAD: A larger bench of the Islamabad High Court (IHC) on Monday directed Foreign Minister Khawaja Asif to submit, within 10 days, a reply to a petition filed by the Pakistan Tehreek-e-Insaf (PTI) seeking Asif’s disqualification under Article 62 and 63 of the Constitution.

IHC’s larger bench comprising Justice Aamer Farooq, Justice Mohsin Akhtar Kayani and Justice Miangul Hassan Aurangzeb directed Asif’s counsel to submit a reply and give a copy of it to the other side in advance so that the parties can argue the matter during the next hearing.

The bench also re-issued a notice to the Election Commission of Pakistan (ECP) with directions to submit a reply by the next hearing.



On Monday, Asif’ counsel Rashdeen Nawaz submitted a civil miscellaneous application wherein he stated that the establishment of a larger bench by the court has deprived Asif of his substantive right to an appeal, which is provided by Section 3 of the Law Reforms Ordinance, 1972.

In the application, the counsel said, “The only remedial measure available pursuant to an adverse decision, if so, is provided in Article 185(3) of the Constitution which is not an appeal of right and available only if leave to such effect is granted by the forum.

“Aggrieved party is entitled to test the correctness of a decision, while Respondent No 1 [Asif] has already at this premature stage been deprived of the rights ordained by the Almighty.”

In addition, the counsel said, the petitioner had already exhausted all remedies up to the Supreme Court in attempting to seek for corrupt practices and to get Asif disqualified, but had not disclosed the very fact in the petition.

The petitioner “is before the court with sullied hands and soiled intentions, [and the] petition is frivolous, an attempt to inveigle the court, while also being utterly incompetent, misconceived and based on a misconception of the applicable and settled laws.”



Findings must be based on affirmative evidence and cannot be rendered inferentially upon mere presumptions, he said, adding, “The court may give an opinion on issues of jurisdiction or maintainability since doing so is necessary in the interests of justice.”

The counsel, however, said he did not want to press the application and would submit a detailed reply by the next hearing. The court while allowing the request directed him to submit a reply within 10 days.

PTI’s Usman Dar, the petitioner, contested against Asif during the General Elections of 2013 in the NA-110 constituency. He has argued that Asif be disqualified as he did not reveal an Iqama or foreign work permit in his nomination papers.

The petitioner through his counsel, Sikandar Bashir Mohmand, nominated 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).

During the previous hearing, Mohmand argued that Asif in his nomination papers mentioned that he was a businessman whereas an Abu Dhabi Iqama proved that he was and still is an employee of a company in a different capacity.

The counsel said Asif was not entitled to stay on as a MNA or hold the office of a federal minister under the ‘Unlimited Term Employment Contract’ between him and International Mechanical & Electrical Company (IMECL), a limited liability company located in Abu Dhabi, which exists under UAE’s laws.

He 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 adviser and special adviser”.

The counsel said Asif was to receive a monthly basic salary of AED35,000 along with a monthly allowance of AED15,000, making the aggregated payment AED50,000 per month.

“[This amount] is currently being received by, and to which the Respondent No. 1 [Asif] is entitled (as a receivable and assets) whilst acting as the Foreign Minister of Pakistan and MNA from NA-110,” he said.



He said the salary and allowances amounting to Rs17,211,816 per annum at the prevailing current exchange rate had never been properly and specifically disclosed in Pakistan by Asif “betraying his dishonest intent and non-ameen and non-righteous character.”

He said the documents attached with the petition regarding Asif’s employment period in the UAE “reveal that he is a fulltime employee at the IMECL since 2011 [or even before that] to date”.

The documents prove that the UAE Ministry of Labour issued Asif’s latest ‘labour card’ on June 29, 2017, which expires June 28, 2019, according to the petitioner.

He requested the court to declare that Asif is neither of good character in terms of Article 62(1)(d), inter alia, nor is honest, righteous or sagacious. He asked the court to declare him ineligible for holding a public office.