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Khawaja Asif Disqualification

From EverybodyWiki Bios & Wiki

Khawaja Asif Disqualification Case of Judiciary of Pakistan
خواجہ آصف نااہلی کیس
Islamabad High Court & Supreme Court of Pakistan

The Khawaja Asif Disqualification Case was a landmark legal and political case in Pakistan that took place in 2018. It involved the disqualification of the then-Foreign Minister of Pakistan, Khawaja Muhammad Asif, by the Islamabad High Court (IHC), and the subsequent reversal of that decision by the Supreme Court of Pakistan.[1][2] The case centered around the non-disclosure of a foreign work permit (Iqama) and foreign bank accounts in election nomination papers.[3]

Background and IHC Verdict

Following the disqualification of Prime Minister Nawaz Sharif in 2017, opposition parties increased legal scrutiny of senior leadership within the Pakistan Muslim League-Nawaz (PML-N). Muhammad Usman Dar, a leader of the Pakistan Tehreek-e-Insaf (PTI), filed a petition in the Islamabad High Court seeking Asif's disqualification. The petition alleged that Asif held an Unlimited Term Employment Contract as a legal adviser with an electrical firm in the United Arab Emirates (UAE) and failed to declare his salary in his 2013 election nomination papers.[4][5]

On April 26, 2018, a three-member special bench of the IHC unanimously disqualified Khawaja Asif under Article 62(1)(f) of the Constitution for not being "truthful and honest."[6][7] As a result, Asif was unseated from his parliamentary position and removed from his cabinet post as Foreign Minister.[8]

Supreme Court Appeal and Reversal

Khawaja Asif challenged the IHC’s verdict in the Supreme Court of Pakistan, arguing that the non-disclosure of his salary was an unintentional oversight rather than a deliberate attempt to deceive voters.[9][10]

On June 1, 2018, a three-member bench of the Supreme Court set aside the IHC's lifetime disqualification verdict.[11] The apex court ruled that there was no sufficient proof of fraudulent intent or dishonesty to warrant a permanent ban under Article 62(1)(f).[12] This ruling successfully restored his parliamentary status, allowing him to contest the 2018 General Elections.[13]

References

  1. The Statesman (2018-04-26). "Pakistan Foreign Minister Khawaja Asif disqualified from Parliament".
  2. The Straits Times (2018-04-26). "Pakistani court disqualifies Foreign Minister Khawaja Asif from parliament".
  3. NDTV (2018-04-26). "Pak Foreign Minister Khawaja Asif Disqualified From Parliament For Holding UAE Work Permit".
  4. The Express Tribune (2018-04-26). "IHC announces judgment in Khawaja Asif's disqualification case".
  5. Deutsche Welle (2018-04-26). "Pakistan court disqualifies Foreign Minister Khawaja Asif for breaking election laws".
  6. Geo TV (2018-04-26). "IHC disqualifies Foreign Minister Khawaja Asif for holding foreign work permit".
  7. The Hindu (2018-04-26). "Pakistani foreign minister Asif disqualified by court for holding UAE work permit".
  8. Dawn (2018-04-26). "IHC disqualifies Foreign Minister Khawaja Asif under Article 62(1)(f)".
  9. Times of India (2018-05-02). "Pakistan's former foreign minister challenges his disqualification in SC".
  10. Indian Express (2018-05-02). "Pakistan's ex-foreign minister challenges his disqualification in SC".
  11. Arab News (2018-06-01). "Supreme Court overturns Khawaja Asif's disqualification".
  12. Dawn (2018-06-01). "SC sets aside IHC verdict, allows Khawaja Asif to contest elections".
  13. Reuters (2018-06-01). "Pakistan's disqualified ex-foreign minister allowed to contest election".



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