Daily Times

ISLAMABAD: The Supreme Court of Pakistan Monday observed that it cannot disqualify a member of the National Assembly merely on the basis of assumptions.

Chief Justice Mian Saqib Nisar, during hearing of a petition filed by Pakistan Muslim League-Nawaz (PML-N) leader Hanif Abbasi for disqualification of Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan, observed that being not sagacious as well as righteous is a stigma in our society and court has to be very conscious on it.

“If for any good or bad reason, a person is not able to mention his assets in tax declaration or wealth statement, does it warrant disqualification?” questioned chief justice, adding there was no disqualification envisaged under the tax laws and that only one provision of Article 62 (f) (1) of the constitution was about the disqualification.

During the hearing, advocate Akram Sheikh, representing Hanif Abbasi, argued in support of two propositions pertaining to non-disclosure of Niazi Services Limited (NSL) in Khan’s wealth tax statements and his statements regarding funds for acquisition of Bani Gala property which, according to the counsel, was contradictory to statements of Khan’s former wife Jamima Khan.

Sheikh contended that Khan had not declared his property in wealth tax statement under the Wealth Tax Act 1963, adding that he was a tax-filer in 1983 and according to the law he was required to mention NSL whatever the nature of his wealth was.

Sheikh also submitted an application before the bench and requested to bring forth documents regarding the account details of Khan, his former spouse Jamaima Khan and the CitiBank account of one Rashid Ali Khan, which was used for transaction to acquire Bani Gala property.

However, the chief justice observed that it was not a public record, adding that nobody can have access to it. Even the court cannot summon the record until the privilege is waived off, he said.

The top court however directed Naeem Bukhari, counsel for Khan, to submit reply to the application.

The top court also directed Khan’s counsel to submit complete report of information regarding how offshore companies are established, how it worked and who become the beneficial owner and the trustee.

Justice Faisal Arab, another member of the bench, observed that during the practice of law he learnt that fraud without injury was not fraud and at that time Khan was not even a public office holder.

The counsel responded that Khan was an MNA in 2002 while the matter pertained to 2003, adding that parameters of justice should not be different for a ruler and for an ordinary person. “The injury is to the common people. He deceived 200 million people,” he insisted.