Disqualification Case: IHC gives Kh Asif 10-days to submit reply

Elias Hubbard
Ноября 14, 2017

Foreign Minister Khawaja Asif on Monday challenged the formation of a larger bench of the Islamabad High Court to hear a petition of Pakistan Tehreek-e-Insaf leader Usman Dar, seeking his disqualification for concealing Iqama.

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.

He opined that the formation of a larger bench would ultimately deprive him of the right to appeal while claiming the petitioner has gone through all legal remedies to get him disqualified from parliament.

The counsel while retracting the reply sought time for submitting formal reply on the petition. 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.

In a reply submitted in court, Asif maintained that the court issued observation for the formation of larger bench on September 18 whereas a notice was issued to him on September 26 seeking reply over the petition.

The petitioner has sought quo warranto (power of the high court to enquire about the legal position of any public servant on the complaint of any citizen) proceedings against Khawaja Asif.

After his iqama, a work permit and labour card were also released to the media.

Dar stated that he was a candidate for NA-110 Sialkot seat in 2013 general elections on the PTI ticket.

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 petitioner had asked the court to disqualify Khawaja Asif on these grounds.

He is receiving the same while serving as the foreign minister at the same time, it is alleged.

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