Munir A Malik said that in view of today's (Friday) order Khawaja Asif now can contest upcoming general elections, to be held on July 25. PML-N leader and former Foreign Affairs Khawaja Asif on May 02, 2018 had filed an appeal in the apex court against the Islamabad High Court (IHC) verdict. The high court on April 26, 2018 had disqualified Kh Asif for life under Article 62(1)(f) of the Constitution for not disclosing his employment in a UAE company as an occupation as well as the monthly salary he was drawing.
Pakistan Tehreek-e-Insaf (PTI) leader Usman Dar had sought the disqualification of the former foreign minister on the grounds that Khawaja Asif concealed the facts that he was an Iqama holder, legal advisor of a company in the UAE and his recent labour card was issued on June 29, 2017.
Kh Asif's counsel, Munir A Malik, argued that the other side has raised question of disqualification under Section 42(a) of Representation of the People Act (ROPA), 1976, which deals with the assets and liabilities. It does not require disclosure of the salary, he added.
He said in many judgments of apex court it is held that word 'dishonesty' covers money laundering, corruption, corrupt practice and misuse of authority. But the dishonesty can't be attributed to the non-disclosure of salary. "The deceitfulness and dishonesty is shown in one's character and behaviour."
The quo-warranto could never lie in the section 42(a) of ROPA, 1976. In the quo-warranto proceedings the facts are to be admitted and the burden of proof lies on the petitioner. "The declaration under 42(a) is not about the source of income but the Assets and Liabilities."
Citing the nomination paper, he said the requirement in it is to disclose assets and liabilities and not the source of income. He explained that there are two kinds of assets - moveable and immovable. The moveable asset is the property in and out of Pakistan, while immoveable properties comprises money in bank, machinery, business capital, cash in hand, motor vehicle, furniture and fittings and jewelry. So if Kh Asif has not disclosed salary in the nomination paper then it is the not the violation of section 42(a) of ROPA.
Munir contended if Kh Asif 's assets in 2013 were zero then it means he spent his salary and not accumulated, adding he spent money on his son's marriage and the treatment of one of his family members.
The court noted that though the declaration under 42(a) is limited and a person has to declare his assets and liabilities, the parliamentarians should have high moral standards and should be disqualified if they don't declare their assets properly.
Munir argued: "Can we (SC) let the sword of Damocles hanging over the parliamentarians or can we (SC) let the Election Commission of Pakistan look into the allegations that one has income greater than his declared source of income?""The investigation of greater income than resources falls within the ECP's ambit," he added.