Hiding assets dishonesty, declares SC

ISLAMABAD: The Chief Justice of Pakistan (CJP), Mian Saqib Nisar, on Friday recalled that the apex court had declared in the Nawaz Sharif disqualification case that concealing assets in the election nomination papers qualified as dishonesty.

He said the court will soon determine whether the disqualification under Article 62(1)(f) of the Constitution would be for one year, three years or five years. The chief justice was heading a three-member bench hearing an appeal filed by one Humayun Akhtar, Chairman Multan Cantonment Board, against the election tribunal's decision to disqualify him.

The counsel for the petitioner contended that the tribunal had declared his client ineligible to contest elections for life for not declaring a bank account in his nomination papers.

Justice Saqib Nisar told the counsel that his client had failed to declare Rs3.7 million in his account. The chief justice recalled that in the Nawaz Sharif case, the apex court had declared that hiding assets qualified as dishonesty.

Justice Ijazul Ahsan observed that the tribunal had declared Humayun’s election null and void, and not the person himself. Justice Umar Ata Bandial said there was a difference in the interpretation of Article 62(1)(f) and Section 99(f) of Representation of People's Act 1976.

“The tribunal didn’t declare that the petitioner would be unable to contest elections,” Justice Bandial added. Justice Saqib Nisar observed that the apex court had also held null and void the election of PML-N candidate Iftikhar Ahmad Cheema under Section 99 (f) of Representation of People's Act 1976 adding that later Cheema was elected to the assembly after contesting elections.

It is pertinent to mention that on March 23, 2016, Iftikhar Ahmad Cheema of Pakistan Muslim League-Nawaz (PML-N) won the NA-101 Wazirabad by-election, defeating Muhammad Ahmad Chattha of Pakistan Tehreek-e-Insaf (PTI). Cheema obtained 83,166 votes while Muhammad Ahmad Chattha of the PTI secured 80,355 votes.

Justice Saqib Nisar said a larger bench will next week determine the length of disqualification under Article (62)(1)(f) and its decision will be the law. He said the court will take up petitions on the subject next week adding that the court decision on the instant matter will also apply in future.

The court then dismissed Hamayun Akhtar’s petition. It is pertinent to mention here that a larger bench has been constituted headed by Chief Justice Mian Saqib Nisar that will take up on January 30 around 16 appeals filed by the parliamentarians disqualified under Article 62(1)(f) of the Constitution for possessing fake educational degrees.

Other members of the larger bench comprise Justice Sheikh Azmat Saeed, Justice Umer Ata Bandyal, Justice Ijazul Ahsen and Justice Sajjad Ali Shah.