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IHC Disqualifies Khawaja Asif For Life Under Article 62 (1) F

Islamabad (April 26, 2018): Foreign Minister Khawaja Asif was declared disqualified by Islamabad High Court in a case filed by PTI leader Usman Dar today. 

After the apex court decision on Article 62 (1) F, the disqualification of the foreign minister will be for lifetime. PML-N chief and political boss of Asif, Nawaz Sharif, was also disqualified for lifetime through this act.

The larger bench of IHC headed by Athar Minallah along with Justice Aamer Farooq and Justice Mohsin Akhtar Kayani announced a unanimous verdict today as the notice in this connection was issued for all concern parties.

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The written judgement from the court stated “We declare that the Respondent [Asif] was not qualified to contest the General Election of 2013 from NA-110 as he did not fulfill the conditions described under Article 62(1)(f) of the Constitution, read with section 99(1)(f) of the Act of 1976.”

“The Registrar of this Court is directed to send certified copy of this judgment to the Election Commission for de-notifying the Respondent as Member of the National Assembly of Pakistan. A copy is also directed to be sent to the Speaker of National Assembly of Pakistan for information,” it adds.Meanwhile, Asif told media that he would challenge the decision and claimed that all his assets had been declared ever since he joined politics.

“The Iqama was declared to the Election Commission of Pakistan,” asserted Asif.

It is worth mentioning here that Dar had lost elections to Asif in May-2013. The PTI leader moved court against Asif relying on apex court’s landmark July-28 judgment pertaining to receivable salary under which the SC had ousted ex-premier Nawaz Sharif.

Dar—in his petition—alleged that Asif was entitled to draw a salary which fell under category of receivable asset; however, since he did not declare it in the nomination form while contesting the 2013 general elections from NA-110, he did not qualify to remain a member of the National Assembly.

On April 11, the three-member IHC larger bench reserved the judgment after hearing arguments of both the sides.

Dar has sought disqualification of Khawaja Asif contending that he had concealed that he was an Iqama holder, legal advisor of a company in the UAE and his recent labour card was issued on June 29, 2017.

Dar had cited Asif, the Election Commission of Pakistan and secretary National Assembly as respondents.

Dar had contended that Asif had been a full-time employee of an Abu Dhabi-based company Int Mech & Elec Co LLC (IMECL) since July 2, 2011.

The petitioner has attached some documents with the petition saying that against his employment, Asif was entitled to receive 35000 UAE Dirham as salary and 15000 AED as monthly allowances that is being received and currently receivable being an MNA as well as foreign minister of the country.

He contended that Asif never disclosed this source of income in Pakistan and he was no more ‘Sadiq’ and ‘Ameen’.

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