“Sharam Hoti Hay, Haya Hoti Hay” Famed Foregin Minister Khawaja Asif Disqualified for Life : Islamabad High Court Issues the Verdict

By Maryam Iraj

A three-member larger bench, led by Justice Athar Minallah: comprised of Justice Mohsin Akhter Kiyan and Justice Aamer Farooq, announced the unanimous verdict on a petition filed by Pakistan Tehreek-e-Insaf’s (PTI) Usman Dar. According to the verdict, the life-time disqualification of Foreign Minister, Khawaja Asif, is realized under Article 62 and 63 of the Constitution. In respect to the 35-pager decision of the larger bench of IHC, Kh. Asif is no more the Foreign Minister of Pakistan.

Dar, through his lawyer, Sikandar Bashir Mohmand, nominated Asif, the Election Commission of Pakistan (ECP) and the National Assembly secretary as respondents and sought relief under Article 199(1) (9b) (ii) in connection with with Article 63(1)(f).

Following this decision, ECP is directed by IHC to denotify  Kh. Asif immediately because he can no longer hold his seat in the National Assembly of Pakistan.

Petitioner and Pakistan Tehreek-e-Insaf’s leader, Usman Dar, was fielded by his party during the general elections of 2013 in NA-110, the same constituency from where Asif was elected to the National Assembly.

According to the petitioner, Asif was not entitled either to hold the office of MNA or of the federal minister under the Unlimited Term Employment Contract (UTEM) between him and International Mechanical and Electrical Co (IMECO), a company, headquartered from Abu Dhabi, which employed the Foreign Minister of Pakistan.

Dar in celebration of the 35-pager IHC decision tweeted few minutes ago:

Asif who has been hired as a full-time employee of IMECO since July 2, 2011 has held various positions, including those of the legal adviser and special adviser, the petition stated.

The contract signed between the foreign minister of Pakistan and the company claim that Asif was to receive a monthly basic salary of AED35,000 along with a monthly allowance of AED15,000, amounting to AED50,000. According to UAE’s labour laws mandate, all employees must receive a salary through a bank account under the UAE’s Wage Protection System (WPS), In case of the the failure of salary disbursement, the company would be blacklisted or shutdown.  Hence Asif kept on receiving the mentioned salary while serving as the foreign minister of Pakistan.

It is another victory bagged by PTI. The petitioner, Usman Dar, tweeted this morning:

On July 28, Nawaz Sharif was disqualified by Supreme Court (SC) as Prime Minister by the Supreme Court on the basis of holding an Iqama (work permit) even though the Sharif family has denied that a salary was withdrawn and claimed that it was only to facilitate visits to the UAE. However, according to the UAE Labour Law, all employees have to receive a salary through a bank account under the UAE’s Wage Protection System (WPS), failing which the firm can be blacklisted and shut down.

Maryam Nawaz who is under trial in Supreme Court of Pakistan along with his disqualified father tweeted in response to the decision of IHC on the disqualification of Kh. Asif.

The counsel of Kh. Asif has plans to contest the decision of IHC in SC but the chance of a favorable review is very bleak as the Supreme Court of Pakistan has already disqualified Nawaz Sharif on the same account.

The Islamabad High Court announced the verdict on a petition seeking disqualification of Foreign Minister, Khawaja Mohammad Asif, for holding an Iqama (work permit)of the United Arab Emirates today (Thursday).

The petition alleged that Asif did not mention his foreign employment in his nomination papers. On the contrary, Asif, denied the charges initially but later on conceded.

The verdict was reserved by the larger bench headed by Justice Athar Minallah on April 10 after hearing arguments from both sides.

The Islamabad High Court has also issued a notice to all parties to appear before it today.

Here is the video of Kh. Asif insulting parliamentarians with abusive language.

Important to note here that today, Thursday, PML-N members were not present in Islamabad High Court to support the disqualified Asif.

Kh. Asif is the one who attempted to malign the image of Shaukat Kahum Memorial Trust Hospital (SKMTH); a philanthropic project of Imran Khan.

Khan, PTI chief, tweeted to wish Usman Dar on his victory and sent a message to PML-N corrupt leaders how the ball bounces in the following tweet: