The Supreme Court on Wednesday returned a petition filed by Pakistan Tehreek-e-Insaf (PTI) leaders seeking disqualification of Pakistan People’s Party (PPP) co-chairman Asif Ali Zardari for alleged concealment of assets.
The SC registrar raised objections on the petition, saying the petitioners didn’t approach the relevant forum to have their grievance addressed. “Despite presence of the forum the petitioners approached the top court.”
Earlier, PTI leader from Sindh Khurram Sher Zaman had withdrawn his appeal from the Election Commission of Pakistan, stating he had garnered key evidence against Zaradri, which would be furnished before the top court.
The PTI lawmaker had moved the petition in the ECP accusing Zardari of concealing his assets. He alleged that the PPP leader owned an apartment in Belaire Condominiums located at 524 East 72nd Street in New York but didn’t disclose it in his nomination papers for the 2018 general elections.
SC dismisses disqualification petition against Sindh CM
“Zardari under the Constitution of the Islamic Republic of Pakistan and Rules of the Election Commission of Pakistan, as per past precedent, should be disqualified from holding public office under Article 62 (1)(f), as in my opinion he ceases to be truthful and sagacious.”
Another petition was moved against Zardari in the Peshawar High Court seeking his disqualification.
Advocate Muzamil Khan moved the petition in the high court, claiming that Zardari didn’t take measures despite knowing about the United States (US) forces’ raid in Abottabad in 2011. He pleaded that the PPP leader should be disqualified as member of the National Assembly as per aforementioned reason.
Meanwhile, The Supreme Court on Wednesday dismissed an application seeking disqualification of Sindh Chief Minister Murad Ali Shah on the basis of dual nationality and iqama, a residence permit issued to expatriates on employment visa, which allows an easy access to Gulf states.
Justice Umar Atta Bandial headed a three-member bench of the apex court to resume the hearing of the case.
The court said that a returning officer had dismissed an application seeking disqualification of CM Shah, however, the applicant had not challenged the RO’s decision on any legal platform, and subsequently filed an application in the Islamabad High Court (IHC). The apex court further remarked that the IHC was correct as applicant Roshan Ali was Shah’s political rival and indicated mala fide intentions.
When lawyer Hamid Khan argued with the court, Justice Muneeb Akhtar replied that despite availability of other legal forums, people have been filing such applications in the SC. “Any application which seeks disqualification of a person holding a public office should not indicate any mala fide intention,” Justice Bandial remarked, adding that only on the basis of political rivalry, the application could not be heard. Lawyer Hamid Khan replied that political rivals also reserve basic and fundamental rights, to which the court responded that the parliament had expanded such an authority which could raise an objection on any member of the assembly.
Published in Daily Times, January 24th 2019.
