Tuesday, 1 August 2017

Political parties cannot be disqualified over a fake certificate, SC tells PML-N lawyer


During the hearing of Pakistan Tehreek-i-Insaf's (PTI) foreign funding case on Tuesday, the chief justice of Pakistan said that there is no law that states that a political party can be disqualified on the basis of a fake certificate.
A three-member bench of the apex court, headed by Chief Justice Saqib Nisar, was hearing a petition submitted by PML-N's Hanif Abbasiseeking the disqualification of PTI Chairman Imran Khan and PTI Secretary General Jahangir Tareen for the non-disclosure of assets, ownership of offshore companies, and for PTI being a foreign-aided party.
Chief Justice Nisar added that neither the Representation of People Act, nor the Political Parties Act mentions that a party must be disqualified for submitting a fake certificate. He was responding to arguments made by Abbasi's lawyer, Akram Sheikh.
Sheikh accused PTI of receiving funds exceeding one million dollars from PTI USA, which is against USA's Foreign Agent Registration Act (FARA). However, the chief justice maintained that American law is not applicable in Pakistan.
Sheikh argued that since the PTI has not disclosed the name of its donors, the party must be disqualified under Articles 62 and 63 of the Constitution. "An MNA can be disqualified even for failing to declare his (or her) assets," said Sheikh, bringing up the recent disqualification of Nawaz Sharif.
"It's written in the law that a person will be disqualified for not declaring his assets," remarked Chief Justice Nisar, adding that the judges would not comment any further on the Panamagate verdict.
Sheikh’s claim that PTI received “billions of dollars” as foreign forbidden funds prompted the judges to ask how anyone could determine which funds are illegal.
The lawyer’s argument that the PTI chairman’s charity projects were also funded by foreign sources was dismissed by the judges, who said “the law does not forbid receiving foreign funds for charity purposes.”
The hearing was adjourned until tomorrow (Wednesday).
During the hearing of Pakistan Tehreek-i-Insaf's (PTI) foreign funding case on Tuesday, the chief justice of Pakistan said that there is no law that states that a political party can be disqualified on the basis of a fake certificate.
A three-member bench of the apex court, headed by Chief Justice Saqib Nisar, was hearing a petition submitted by PML-N's Hanif Abbasiseeking the disqualification of PTI Chairman Imran Khan and PTI Secretary General Jahangir Tareen for the non-disclosure of assets, ownership of offshore companies, and for PTI being a foreign-aided party.
Chief Justice Nisar added that neither the Representation of People Act, nor the Political Parties Act mentions that a party must be disqualified for submitting a fake certificate. He was responding to arguments made by Abbasi's lawyer, Akram Sheikh.
Sheikh accused PTI of receiving funds exceeding one million dollars from PTI USA, which is against USA's Foreign Agent Registration Act (FARA). However, the chief justice maintained that American law is not applicable in Pakistan.
Sheikh argued that since the PTI has not disclosed the name of its donors, the party must be disqualified under Articles 62 and 63 of the Constitution. "An MNA can be disqualified even for failing to declare his (or her) assets," said Sheikh, bringing up the recent disqualification of Nawaz Sharif.
"It's written in the law that a person will be disqualified for not declaring his assets," remarked Chief Justice Nisar, adding that the judges would not comment any further on the Panamagate verdict.
Sheikh’s claim that PTI received “billions of dollars” as foreign forbidden funds prompted the judges to ask how anyone could determine which funds are illegal.
The lawyer’s argument that the PTI chairman’s charity projects were also funded by foreign sources was dismissed by the judges, who said “the law does not forbid receiving foreign funds for charity purposes.”
The hearing was adjourned until tomorrow (Wednesday).119
During the hearing of Pakistan Tehreek-i-Insaf's (PTI) foreign funding case on Tuesday, the chief justice of Pakistan said that there is no law that states that a political party can be disqualified on the basis of a fake certificate.
A three-member bench of the apex court, headed by Chief Justice Saqib Nisar, was hearing a petition submitted by PML-N's Hanif Abbasiseeking the disqualification of PTI Chairman Imran Khan and PTI Secretary General Jahangir Tareen for the non-disclosure of assets, ownership of offshore companies, and for PTI being a foreign-aided party.
Chief Justice Nisar added that neither the Representation of People Act, nor the Political Parties Act mentions that a party must be disqualified for submitting a fake certificate. He was responding to arguments made by Abbasi's lawyer, Akram Sheikh.
Sheikh accused PTI of receiving funds exceeding one million dollars from PTI USA, which is against USA's Foreign Agent Registration Act (FARA). However, the chief justice maintained that American law is not applicable in Pakistan.
Sheikh argued that since the PTI has not disclosed the name of its donors, the party must be disqualified under Articles 62 and 63 of the Constitution. "An MNA can be disqualified even for failing to declare his (or her) assets," said Sheikh, bringing up the recent disqualification of Nawaz Sharif.
"It's written in the law that a person will be disqualified for not declaring his assets," remarked Chief Justice Nisar, adding that the judges would not comment any further on the Panamagate verdict.
Sheikh’s claim that PTI received “billions of dollars” as foreign forbidden funds prompted the judges to ask how anyone could determine which funds are illegal.
The lawyer’s argument that the PTI chairman’s charity projects were also funded by foreign sources was dismissed by the judges, who said “the law does not forbid receiving foreign funds for charity purposes.”
The hearing was adjourned until tomorrow (Wednesday).

Shahid Khaqan Abbasi sworn in as prime minister of PakistanPML-N's Shahid Khaqan Abbasi was sworn in as prime minister of Pakistan in an oath-taking ceremony held at President House on Tuesday.



President Mamnoon Hussain administered the oath to Abbasi.
Abbasi was elected prime minister by lawmakers in the National Assembly earlier today, bagging 221 votes to become the successor to ousted prime minister Nawaz Sharif.
PPP's Syed Naveed Qamar secured 47 votes, Awami Muslim League chief Sheikh Rashid received 33 votes, and four MNAs voted for Jamaat-i-Islami's Sahibzada Tariqullah during the ballot.
An NA session to elect a new prime minister had been called by President Mamnoon Hussain following a landmark Supreme Court ruling on the Panama Papers case on Friday, in which Nawaz Sharif was disqualified as PM after being deemed unfit to hold office.
Following the SC verdict, the PML-N had agreed upon Abbasi, the former petroleum minister, as its candidate for prime minister for the interim period till the 'permanent' replacement could be elected. Abbasi has to eventually give way to Shahbaz Sharif, who is likely to compete for the National Assembly seat lying vacant following the ouster of his elder brother and then stand for the chief executive's office.
Following the announcement of Abbasi's victory by NA Speaker Ayaz Sadiq, the PML-N benches in the Lower House had erupted with loud sloganeering in favour of Nawaz Sharif.


Shahid Khaqan Abbasi's acceptance speech

Addressing the lower house soon after his victory was announced, Prime Minister-elect Abbasi said: "I am grateful to you all, for following the democratic process — whether you voted for or against me."
"I am grateful to the people of Pakistan, and I am grateful to the 'people's prime minister', Nawaz Sharif," he continued.
"I am also grateful to the opposition and Imran Khan for remembering us in their daily slandering," he jibed.
Moving on, Abbasi termed the Supreme Court's verdict on the Panamagate case "unprecedented", saying that although the party was blind-sided by the judgement, "we accepted it as it was".
"We did not challenge the courts, there was no division in our ranks. The party stands as it was. No one wanted to joust for power — whoever the prime minister [Nawaz Sharif] named was supported unanimously," he said, rebuffing rumours of cracks in the party's ranks following the verdict.
"Everybody wants the [prime minister's] chair. Tell me, who in this house doesn't? It is to the PML-N's credit that all party members rallied unanimously behind whoever was nominated by our leader.
"Within four days, the democratic process is back on track. There were no defections. There was no dissension in our ranks.
"Justice mandates that though a 1,000 guilty people may go free, not even one innocent person should be wrongfully convicted. I will not go into details of Friday's decision — I only want to say that there will soon be another court — one held by the people. There will be no JIT there," he said, referring to the upcoming general elections in 2018.
"I am sure that the real prime minister of Pakistan, Nawaz Sharif, will return to this seat."
However, he said that, "I am the country's prime minister — bet it for 45 days or 45 hours — and am not here just to keep the seat warm."

"If I am here for 45 days, I will try to complete the amount of the work that requires 45 months," he vowed.



Continuing, the prime minister-elect urged that the Constitution be respected. "Politics, which has come to be seen as a disreputable profession, will be made respectable again."
"Be it the government, bureaucracy, opposition or the army — we are in the same boat, and a hole in this boat will sink everyone," he cautioned.