My children are independent, not dependents, says PM

Submits reply before LHC on a petition seeking his disqualification

LAHORE: Prime Minister Nawaz Sharif informed the Lahore High Court that he was never named in the Panama Papers and his sons, Hassan Nawaz and Hussain Nawaz, and daughter Maryam Nawaz were not dependent on him.

The properties were purchased by his late father back in 1970 as a result of certain business transactions when neither of his family members was involved in politics, he added.

The prime minister submitted his 20-page reply through his counsel Salman Butt to a petition, questioning the National Assembly speaker’s powers to dismiss the disqualification reference against the prime minster instead of sending the same to the chief election commission for adjudication.

Nawaz said the reality of the allegations levelled against him and his family through Panama Papers were nothing but newspaper clippings.

The prime minister in a written reply reiterated his stance that Hassan, Hussain and Maryam were not dependents on him. Therefore, the counsel prayed the court to dismiss petition that sought the prime minister’s disqualification on baseless allegations.

Nawaz denied the allegation that he had declared her daughter as a dependent child before Election Commission of Pakistan (ECP), as Maryam was an independent married woman and tax filer.

The prime minister pointed out that he had duly disclosed all his assets and liabilities before the ECP as well as the tax authorities. He stated that he had never defaulted any of his obligations towards financial instructions and his nomination papers contained a complete list of his assets and liabilities as well as his spouse.

About allegations of evading agriculture tax, Nawaz said it was also duly discharged and all disclosure had been made in tax returns and the wealth statements for the year 2011-12. The court was informed that the premier, National Assembly and Ministry for Law and Parliamentary Affairs had submitted their replies but the ECP had not done reply.

At this, Chief Justice Mansoor Ali Shah issued notice to the ECP and sought reply by the next hearing which scheduled for Dec 1. According to the reply, the National Assembly speaker is competent enough to decide the references filed against the parliamentarians and his powers of deciding such matters cannot be challenged in a court of law. The speaker dismissed the reference moved against the prime minister purely on constitutional grounds.

Butt also questioned the locus standi of Justice and Democratic Party, saying it could not become a party against him as neither did it contest elections nor it was his rival in the constituency from where he was elected as parliamentarian. However, the counsel said those, who had been the rival candidates in the prime minister’s constituency NA-120, could approach the election tribunal against his client.

National Assembly Speaker Sardar Ayaz Sadiq also submitted his written reply and defended his decision of not sending the disqualification reference against the prime minister to the ECP. He said he considered all the allegations made against the premier and came to the conclusion that the documents attached with the reference did not substantiate the charges contained in the reference.

The reply says the speaker had lawful power under Article 63(2) of the Constitution to come this conclusion. The Federation of Pakistan also submitted its reply through the law and justice secretary. It reads that the speaker made the decision in exercise of the power conferred upon him under article 63 of the Constitution and the same cannot be challenged before a court of law.

Furthermore, providing opportunity of hearing is not required under Article 63(2) of the Constitution. The reply also says that the allegations levelled against the prime minister had not been proved by an impartial judicial forum, hence no decision can be based upon newspapers clippings. Moreover, constitutional petitions on the basis of these allegations against the prime minister are pending adjudicating before the Supreme Court.

Sardar Umar Farooq – a member of the Justice and Democratic Party headed by former chief justice Iftikhar Chaudhry – had challenged the prime minister’s eligibility as member of the parliament. The petitioner listed Nawaz, Ayaz Sadiq and the ECP among the respondents.