Khwaja Asif case: It is not fair to destroy anyone’s career, observes SC

ISLAMABAD: The Supreme Court (SC) on Thursday observed that disclosing foreign salary by former foreign minister is sufficient hence it would not be fair to destroy anyone’s career.

A three-member bench of the apex court headed by Justice Umer Ata Bandial and comprising Justice Faisal Arab and Justice Sajjad Ali Shah heard the appeal of former foreign minister Khawaja Asif against his disqualification.

The Islamabad High Court (IHC) had disqualified Khawaja Asif by declaring that he was not qualified to contest the general election of 2013 from National Assembly Constituency NA-110, Silakot as he did not fulfill the conditions described under Article 62(1)(f) of the Constitution read with section 99(1)(f) of the Representation of People’s Act (ROPA) 1976.

The court had held that Mr Khawaja purposely wrongly stated his occupation in the nomination form as business to conceal his employment and salary with the UAE company from the electorate of Sialkot NA-110. The IHC had also held that Khawaja Asif had purposely concealed his salary Of AED9000 in his statement of assets and liabilities in the nomination form prescribed under section 12 of the ROPA Act 1976.

Pakistan Tehreek-e-Insaf leader Usman Dar had filed a petition before the Islamabad High Court (IHC), seeking disqualification of Foreign Minister Khawaja Asif for concealing his Iqama. Khawaja Asif however, had challenged in the Supreme Court his disqualification and had submitted that there is no constitutional bar on employment of members of the National Assembly.

Resuming the hearing into the instant appeal, Justice Umer Ata Bandial while heading the bench observed that disclosing foreign salary by the petitioner (Khawaja Asif) is sufficient adding that it was not fair to destroy anyone carrier.

The court questioned as to whether Khawaja Asif had disclosed in his nomination papers, salary of AED9000. Sikandar Bashir Mohmand, counsel for Usman Dar, responded that he did mention AED9000 but mentioned zero in next box of the nomination paper Justice Umer Ata Bandial observed that it would be examined as to whether facts were mentioned in the nomination papers or not. Sikandar Bashir Mohmand contended that it was not disclosed before the tribunal separately regarding the salary as well as foreign income, adding that Mr Asif had also not shown in tax returns, the foreign remittances of Rs3.8 million. He further submitted that Khawaja Asif did not mention his salary in foreign remittances of Rs6.8 million as well.

The court however, observed that it would not go into the tax returns as it is the job of tax authorities to impose penalty on it. The learned counsel for Usman Dar further submitted that the foreign income of Khawaja Asif is liable for tax in Pakistan, adding that he concealed his foreign employment in tax returns and nomination papers as well. Justice Umer Ata Bandial observed that the issue before the court pertained to disqualification under Article 62(1)(f).

Whether Khawaja Asif was bound to show sources of his foreign remittances”, Justice Umer Ata Bandial questioned adding that under Income Tax law, it is not mandatory to disclose sources of foreign remittances. He further observed that the law has given immunity regarding foreign income and its sources. Sikandar Bashir Mohmand however, submitted that the said immunity was granted only to Pakistani nationals living abroad.

Justice Umer Ata Bandial however, observed that immunity was given so that rich people could bring back their money to Pakistan and recently in the amnesty scheme, the flaw in the income tax law was removed. Justice Bandial further observed that by not disclosing sources of income how disqualification could be made adding if tax was not paid, penalty follows. “Where it is mentioned that details pertaining to salary and business should be shown separately,” Justice Umer Ata Bandial said. He further said that the court will look into matter relating to Article 62(1)(f) seriously adding that the court is very much cautious by examining the cases pertaining to lifetime disqualification. Later, the court adjourned the hearing till today (Friday) at 8:30am wherein Munir A Malik, counsel for Khawaja Asif will argue before the court.