PTI to question Zardari’s eligibility in IHC after failing to get him in SC, ECP

ISLAMABAD: Two Pakistan Tehreek-e-Insaf (PTI) leaders Khurram Sher Zaman and Usman Dar, who is Chairman of Prime Minister’s Youth Programme, now have the options of going to high court or the National Assembly Speaker to seek Asif Ali Zardari’s disqualification after their petition has been returned by the Supreme Court.

While sending it back, the apex court Registrar held that the petitioners did not approach the relevant forum to get their grievances addressed and instead came to the Supreme Court. Zaman and Dar pleaded in their joint petition filed five days back that former President and Pakistan People’s Party (PPP) leader Zardari concealed his foreign assets and is therefore disqualified under Article 62(1) (f). The petition contained details of assets allegedly hidden by Zardari in his nomination papers for the July 2018 general elections.

“The relevant forum referred to by the Registrar could be High Court,” prominent constitutional expert Wasim Sajjad told The News when approached. “There have been instances when petitions were filed in different high courts seeking disqualification of certain people.” When contacted, Zaman told this correspondent that he has signed the petition that will be filed in the Islamabad High Court (IHC) on Tuesday. He said he was not aware whether or not Dar would also become a petitioner with him.

Wasim Sajjad said that Speaker Asad Qaisar can also be approached by the PTI leaders urging him to send a reference to the Election Commission of Pakistan (ECP) to get Zardari ousted. In the past, he said, references were submitted to the Speaker against lawmakers. He cited Article 184(3) of the Constitution which, he said, specifies parameters for directly going to the Supreme Court. He said the question raised before the apex court should be of public importance for enforcement of fundamental rights. The provision says without prejudice to the provisions of Article 199, the Supreme Court shall, if it considers that a question of public importance with reference to the enforcement of any of the fundamental rights conferred by Chapter 1 of Part II is involved, have the power to make an order of the nature mentioned in that provision.

According to Article 63, if any question arises whether an MP has become disqualified from being a member, the Speaker or, as the case may be, the Chairman (Senate) shall, unless he decides that no such question has arisen, refer it to the ECP within thirty days and if he fails to do so within this timeline it shall be deemed to have been referred to the ECP. The ECP will decide the question within ninety days from its receipt or deemed to have been received and if it is of the opinion that the member has become disqualified, he will cease to be a member and his seat shall become vacant.

Before moving the Supreme Court, Zaman and Dar had moved the same petition in the ECP, but as the electoral body resumed hearing on it, they suddenly took it back announcing that they will file the similar plea in the apex court. They had knocked the doors of the ECP when a Joint Investigation Team (JIT) of the Federal Investigation Agency (FIA) was investigating the alleged fake bank accounts against Zardari and others. The JIT submitted its report to the Supreme Court, which sent it to the National Accountability Bureau (NAB) for further probe to file references if made out. It was the JIT that had accused the former president of having undeclared foreign properties.