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May 5, 2019

SHC issues notice to Nasir Shah in Iqama case


May 5, 2019

The Sindh High Court (SHC) has issued notice to Syed Nasir Hussain Shah, the Sindh minster for irrigation, works and services, on an application seeking direction of the court for the production of entire documents which the provincial minister had submitted for obtaining work permit visa (Iqama) in the United Arab Emirates (UAE).

Petitioner Mohammad Zubair, who sought disqualification of the Pakistan Peoples Party’s (PPP) provincial minister for concealing his Iqama before the Election Commission of Pakistan (ECP) at the time of filing of nomination papers, informed the SHC that the respondent did not file detailed documents before the court with regard to the issuance of his Iqama by the UAE government.

The petitioner submitted that it was an admitted fact that an Iqama was issued on a basis of some valid employment contract and such Iqama was akin to the employment visa. He maintained that the provincial minister had refused to submit relevant documents with regard to the issuance of his Iqama in the comments. He submitted that the proceedings of the high court were inquisitorial in nature and it was a duty of the public office holder to explain their position with regard to the issuance of Iqama.

Zubair argued that the SHC was empowered to direct the respondent to produce the entire documents, on the basis of which he had applied for the issuance of Iqama by the UAE.

A division bench of the SHC headed by Justice Mohammad Ali Mazhar, after preliminary hearing of the application, issued notices to the works and services minister and called his comments on the next hearing.

It is pertinent to mention here that several petitions have been filed before the SHC seeking the disqualification of members of the national and provincial assemblies belonging to the PPP.

Petitioners Zubair, Moazzam Abbasi, Mir Punhal Khan Talpur and Mumtaz Ali Chandio had sought disqualification of PPP MNA Faryal Talpur, former and present members of the Sindh Assembly Nasir Hussain Shah, Sohail Anwar Siyal, Manzoor Wassan and Mir Nawab Ghaibi Sardar Khan Chandio for concealing UAE-based Iqama and other properties in their assets declaration before the ECP.

They submitted that after the

concealment of facts, the PPP legislators were neither righteous nor sagacious

in terms of the Article 63 of the

Constitution and liable to be disqualified from holding the public offices of MNA and MPA.

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