I never said I do not have foreign company Iqama: Kh Asif

ISLAMABAD: Foreign Minister Khawaja Asif on Friday submitted his reply to a petition, seeking his disqualification on the basis of an Iqama, saying the petitioner concealed the fact from the IHC bench that the Supreme Court had dismissed his petition. He added that he never said that he did not have Iqama.

In his reply, Khawaja Asif said the IHC was not a relevant forum as the subject pertained to the jurisdiction of election tribunal. But the petitioner, Usman Dar, a PTI member failed to get any relief from both election tribunal and Supreme Court, while his review petition was also dismissed, he added.

In his petition, IHC Dar did not mention the election petition that he had filed against me and it was dismissed, Khawaja Asif said.

A three-member larger bench is hearing the matter as Dar is seeking disqualification of the foreign minister under Article 62 on the basis of possessing an ‘Iqama’ and not declaring his assets pertaining to the salary he received as an employee of an Abu Dhabi-based company.

Khawaja Asif in his reply said he had already submitted the documents with his nomination papers, upon which the petitioner relied upon, adding that Dar with mala fide objective was seeking re-adjudication of the matter.

The reply says the petition is not maintainable as it is utterly incompetent, grievously misconceived and bereft of bona fides in its present form. Since the petitioner is a private relator, the burden to prove that any disqualification attracts to him (Asif), rests squarely on petitioner's shoulders. The nature of information brought to the light by the petitioner does not in any manner establish that any continuing violation of any of the provisions of applicable laws, attracts to him (Asif) as the information is not on legitimate grounds and also that the information is of vexatious nature, it added.

“That the matter arising out of this petition was duly adjudicated by the returning officer and then by election tribunal on the appeal filed by another candidate Arshad Mehmood Baggu. Since no appeal was filed by Baggu against the orders of election tribunal so this matter attained finality,” Khawaja Asif said in his reply.

“Dar and Baggu then filed petition before the Supreme Court that was dismissed and then review petition was also dismissed,” he said, adding, ““Facts mentioned by the petitioner are old and these were available before 2013 elections.”

Khawaja Asif admitted in the reply that he was working as legal adviser/management consultant/special adviser in an Abu Dhabi-based company 'Int. Mech & Elec Co. LLC (IMECL)'. He, however, stated that the business relationship between the company and him was in accordance with the law and “it does not relate to the national security or any matter which may be in conflict with the official functions being carried out by him being the foreign minister”.

In reply to the petitioner's contention that he (Asif) violated the oath of office, the foreign minister said, “The question of violation of oath of office is also misconceived since the foreign minister has not allowed any personal interest, if that, vis-a-vis the said contract to influence his official conduct, while none of the remaining restrictions therein have been violated, whatsoever.”

According to his reply, he received AED 50,000 till the tax year 2011-2012 and declared it as foreign income in the nomination papers. In his petition before the IHC larger bench headed by Justice Aamer Farooq with Justice Mohsin Akhtar Kayani and Justice Miangul Hassan Aurangzeb its member, Dar, an opposing candidate from NA-110 Sialkot in 2013 elections, has been contesting that Khawaja Asif in his nomination papers for 2013 elections mentioned himself as a businessman whereas his Abu Dhabi Iqama proves that he was and still is an employee of a company in different capacities.

According to the documents, he was receiving substantial amount in terms of salary 50,000 UAE Dirhams a month, that he did not declared, says Dar. The petitioner says the Supreme Court had disqualified former prime minister Nawaz Sharif on July 28for possessing an Iqama and Khawaja Asif can also be disqualified on similar grounds.  

The PTI member from Sialkot, who in his own words at his website mentions ‘a rigid follower of Imran Khan’, has filed this petition seeking disqualification of Khawaja Asif for concealing the facts that he was an Iqama holder, legal adviser of a company in UAE and his recent labour card was issued on June 29, 2017.