Political matters be settled at political forums, says IHC order

ISLAMABAD: The  Islamabad High Court on Thursday disqualified   Foreign Minister Khawaja Muhammad Asif  for concealing assets, making him the latest politician to lose  membership of the parliament under  Article 62 (1) (f) of the Constitution.     Earlier, prominent among the politicians  to   face the disqualification by the courts  for not fulfilling the criteria of being Sadiq and Ameen are former prime minister Nawaz Sharif, and Pakistan Tehreek-e-Insaf leader Jahangir Khan Tareen.Some other lawmakers have  also lost their seats in the National Assembly and the Senate over the last few  years. Ironically, most of them  were  dragged into  the courts by their fellow politicians for one  reason or the other.The courts, particularly the Supreme Court, have faced severe criticism from politicians for punishments they have handed down. Political commentators and legal experts  have long urged  the politicians to resolve their issues in the parliament instead of  approaching courts. The Islamabad High Court's decision which has disqualified Khawaja  Asif  has also  mentioned this tendency on  part of the politicians.  Authored by  Justice Athar Minhallah, the paragraph 33 of the  35-page verdict  details  the  reasons for  taking up applications filed by politicians : "It is not a pleasant duty for any Court to be called upon to examine and exercise powers of judicial review which may lead to an elected representative being disqualified as Member of the Majlis-e-Shoora (Parliament).   In the words of Hamood-ur-Rehman, Chief Justice, in the case of titled “State vs. Zia-ur-Rehman” [PLD 1973 SC 49], while exercising power of judicial review, the judiciary claims no supremacy over the organs and that it is a duty assigned to the Courts to see that the Constitution prevails. In the judgment rendered by a Bench consisting of seven Hon’ble Judges in the case titled “Ishaq Khan Khakwani and others v. Mian Muhammad Nawaz Sharif and others” [PLD 2015 SC 275] it has been held that “Thus the consistent view of the Courts has been that if the determination of any question raised before the Court requires interpretation or application of any provision of the Constitution the Court is obliged to adjudicate upon the same notwithstanding that the action impugned or the questions raised has political overtones". However, when political forces, instead of settling disputes at the political forums, particularly the Majlis-e-Shoora (Parliament) resort to the Courts, it has consequences not only for the institutions but the litigant public as well. This conduct of political forces lowers public confidence in the Legislature on the one hand and on the other hand exposes the institution of the judiciary to the controversies of adversarial politics. The political forces are expected to settle their grievances before the political forums rather than taking the precious time of the bona fide litigants awaiting justice to be dispensed. Parliament is a symbol of unity of the Federation and the peoples will. Parliament deserves utmost respect and its prestige and public confidence depends on the conduct of its Members who represent the actual stakeholders i.e. the people of Pakistan. It would have been appropriate if the political party to which the Petitioner belongs had raised the issue at hand in the Parliament before invoking the jurisdiction of this Court. It is ironic that Pakistan is amongst the few countries where a formal code of ethics and conduct for Members of the Majlis-e-Shoora (Parliament) and the Cabinet has not been prescribed so as to avoid situations such as have been observed in the facts and circumstances of the instant petition. We have handed down this judgment with a heavy heart not only because a seasoned and accomplished political figure stands disqualified but more so because the dreams and aspirations of 342,125 registered voters have suffered a setback."

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Political matters be settled at political forums, says IHC order

ISLAMABAD: The  Islamabad High Court on Thursday disqualified   Foreign Minister Khawaja Muhammad Asif  for concealing assets, making him the latest politician to lose  membership of the parliament under  Article 62 (1) (f) of the Constitution.     Earlier, prominent among the politicians  to   face the disqualification by the courts  for not fulfilling the criteria of being Sadiq and Ameen are former prime minister Nawaz Sharif, and Pakistan Tehreek-e-Insaf leader Jahangir Khan Tareen.Some other lawmakers have  also lost their seats in the National Assembly and the Senate over the last few  years. Ironically, most of them  were  dragged into  the courts by their fellow politicians for one  reason or the other.The courts, particularly Supreme Court has faced severe criticism from politicians for punishments they have handed down. Political commentators and legal experts  have long urged  the politicians to resolve their issues in the parliament house instead of  going to courts. The Islamabad High Court's decision which has disqualified Khawaja  Asif  has also  mentioned this tendency on  part of the politicians.  Authored by  Justice Athar Minhallah, the paragraph 33 of the  35-page verdict  details  the  reasons for  taking up applications filed by politicians : "It is not a pleasant duty for any Court to be called upon to examine and exercise powers of judicial review which may lead to an elected representative being disqualified as Member of the Majlis-e-Shoora (Parliament).   In the words of Hamood-ur-Rehman, Chief Justice, in the case of titled “State vs. Zia-ur-Rehman” [PLD 1973 SC 49], while exercising power of judicial review, the judiciary claims no supremacy over the organs and that it is a duty assigned to the Courts to see that the Constitution prevails. In the judgment rendered by a Bench consisting of seven Hon’ble Judges in the case titled “Ishaq Khan Khakwani and others v. Mian Muhammad Nawaz Sharif and others” [PLD 2015 SC 275] it has been held that “Thus the consistent view of the Courts has been that if the determination of any question raised before the Court requires interpretation or application of any provision of the Constitution the Court is obliged to adjudicate upon the same notwithstanding that the action impugned or the questions raised has political overtones". However, when political forces, instead of settling disputes at the political forums, particularly the Majlis-e-Shoora (Parliament) resort to the Courts, it has consequences not only for the institutions but the litigant public as well. This conduct of political forces lowers public confidence in the Legislature on the one hand and on the other hand exposes the institution of the judiciary to the controversies of adversarial politics. The political forces are expected to settle their grievances before the political forums rather than taking the precious time of the bona fide litigants awaiting justice to be dispensed. Parliament is a symbol of unity of the Federation and the peoples will. Parliament deserves utmost respect and its prestige and public confidence depends on the conduct of its Members who represent the actual stakeholders i.e. the people of Pakistan. It would have been appropriate if the political party to which the Petitioner belongs had raised the issue at hand in the Parliament before invoking the jurisdiction of this Court. It is ironic that Pakistan is amongst the few countries where a formal code of ethics and conduct for Members of the Majlis-e-Shoora (Parliament) and the Cabinet has not been prescribed so as to avoid situations such as have been observed in the facts and circumstances of the instant petition. We have handed down this judgment with a heavy heart not only because a seasoned and accomplished political figure stands disqualified but more so because the dreams and aspirations of 342,125 registered voters have suffered a setback."

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Imran Khan on Khawaja Asif disqualification: 'Another darbari of Godfather disqualified'

ISLAMABAD: Pakistan Tehreek-e-Insaf Chairman Imran Khan said that Khawaja Asif has been disqualified for 'using iqama to shield corruption & indulge in money laundering - as well as being guilty of brazen conflict of interest'.

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Complete IHC order of Khawaja Asif disqualification case

ISLAMABAD: The Islamabad High Court (IHC) on Thursday disqualified Foreign Minister Khawaja Asif from parliament, dealing a blow to the ruling Pakistan Muslim League-Nawaz party ahead of a general election due in a few months.A rival politician from Asif´s constituency in the town of Sialkot filed a petition against Asif to have him disqualified over alleged possession of a work permit for the United Arab Emirates.Following is the complete IHC order:

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Khawaja Asif?s political future hangs in balance

ISLAMABAD: The Islamabad High Court (IHC) will announce verdict in Foreign Minister Khawaja Asif’s disqualification case today.On April 10, an IHC larger bench had reserved its judgment in a matter where a Pakistan Tehreek-e-Insaf (PTI) leader Usman Dar sought disqualification of the federal minister on the basis of an Abu Dhabi Iqama.Justice Athar Minallah headed the three-member bench comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani.Pakistan Tehreek-e-Insaf’s Usman Dar filed this petition seeking disqualification of Asif for concealing the facts that he was an Iqama holder, legal advisor of a company in UAE and his recent labour card was issued on June 29, 2017. Khawaja Asif on the other hand took a view that he concealed nothing and his Iqama was declared in the nomination paper.The petitioner adopted that Supreme Court on July 28 disqualified former Prime Minister Mian Nawaz Sharif for possessing an ‘Iqama’ and Khawaja Asif can also be disqualified on similar grounds.The bench had reserved the verdict, however, it allowed the parties to submit additional documents if they have. Khawaja Asif on April 16 submitted a letter of an Abu Dhabi company where he is employed.As per the letter, Khawaja Asif’s job with International Mechanical & Electrical Co. WLL. is quite flexible and there are no conditions on him to stay there in Abu Dhabi. The company can seek his legal advice via telephone or whenever he comes to UAE. Managing Director of the company, Elias Salloum, has expressed that he is ready to come before any court in Pakistan.The letter reads, “We hereby confirm that Kh. Muhammad Asif has been the “legal Advisor Private Law’ for the company. The agreement executed with him was a standard document approved by the UAE Government. The agreement was executed to fulfill UAW law, however, the terms stated in the agreement were not the understanding between the parties. The relationship has cordial, with mutual consent and there was no requirement for him to be present in UAE for any period of time and we have been seeking his advice as and when required telephonically and during his planned visit to UAE. Similarly, the agreement was renewed as per UAE law, he became the Management Consultant of the company.”Asif was paid a fee for his services as per the understanding of the company and himself. Asif was never a full time employee of the company and was not required to stay in UAE as mentioned in the agreement. There is total flexibility in the UAE after execution of the standard document to agree to any terms with the employees and Consultants of the company and the UAE Government does not interfere in this respect.

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Three PTI lawmakers named and shamed by Imran to join PPP

LAHORE:   A day after the Pakistan People's Party (PPP) suffered a  serious blow at the hands of  Pakistan Tehreek-e-Insaf when its senior leader Afzal Nadeem Chan jumped ship,   the party is all set to embrace three   PTI lawmakers accused of selling their  votes in recent Senate election.According to Geo News,  MPAs Ubaidullah Mayar, Nageena Khan and  Zahid Durrani have reached Lahore to meet PPP co-chairman  Asif Ali Zardari and are expected to announce joining his party later in the day.The TV channel reported that e PPP has invited the MPA to give the  PP tit-for-tat response  over the recent defecation it has suffered. The three MPAs have been issued show-cause notice by PTI after Imran Khan went public against them for  indulging in corrupt practices during Senate election, a charge they have deny.Imran Khan while speaking at a press conference had announced to approach the National Accountability Bureau  (NAB) against the lawmakers.

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Pak-Indian militaries to conduct first-ever drills together

MOSCOW: Pakistani and Indian forces, for the first time, will conduct drills together as both the countries have announced to participate in a multi-nation military exercise to be held in in Russia’s Ural Mountains in August this year.The exercise , “Peace Mission 2018”, is a part of the Shanghai Cooperation Organisation (SCO), will focus on counter-terrorism operations. Defence Minister Nirmala Sitharaman has reportedly made an official  announcement that India will participate in a multi-nation military exercise. While the country also attended for  the first time the Defence Ministers’ meeting at SCO  was hosted in China. In Past, Pakistan and  Indian soldiers have operated together  as peacekeepers under the United Nations. But this will be the  first-ever military exercise in which both the countries will  fight together in mock operations  against terrorists.“Peace Mission 2018” will be the fifth edition of the multilateral exercise, held once in two years.

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1.75 million tourists visited Pakistan in 2017: PTDC

ISLAMABAD: Significantly improved security situation has helped boost annual tourist arrivals in Pakistan by 300% since past few years with 1.75 million in 2017. There has been a significant increase in the annual tourism rate and business traveling in Pakistan.Domestic travelers have increased 30%, according to Pakistan Tourism Development Corporation (PTDC) while Jovago, the top hotel booking and e-commerce site in Pakistan, claimed hotel bookings increased by 80-90% percent in 2017. According to Jovago, over the past few years, Pakistan has seen a rapid increase in its tourism industry.A lot of credit, for which, goes to the internet and publicity.It has immensely contributed towards the development and growth of the tourism industry in Pakistan.World Travel and Tourism Council (WTTC) puts the total contribution of tourism to Pakistan’s economy at $19.4 billion last year or 6.9 per cent of gross domestic product.In a decade, the WTTC expects that to rise to $36.1 billion.The government has been making efforts to promote tourism and make PTDC a financially viable organisation, said Managing Director PTDC Ch.Abdul Ghafoor while talking to APP.He said that PTDC and the University of Management and Technology (UMT) Lahore signed a MoU for the sponsorship of PTDC’s publicity material including banners, website, seminars and conferences.Products and service of PTDC will also be promoted through social media.PTDC has recently launched Pakistan Tourism Friends Club, in which members of the club will get exclusive 20% discount on PTDC facilities.

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