ISLAMABAD - The Supreme Court of Pakistan on Wednesday took up petition for hearing seeking disqualification of Pakistan Tehrik-i-Insaf (PTI) Chairman Imran Khan and General Secretary Jehangir Tareen.

Presenting arguments before a three-judge bench headed by Chief Justice Mian Saqib Nisar, Akram Sheikh, representing PML-N leader, said that PTI Chairman Imran Khan is not loyal to the country because his party (PTI) is getting foreign funding.

Onset of the hearing, the Chief Justice said, people, who have no concern with the case, start discussion on it. This is not a good omen, this not happen in civilised countries, he added. He ordered the parties to avoid discussing the case. The chief justice warned that if his verbal order has been disregarded then consequences will follow.

Akram Sheikh contended that Imran Khan has submitted false statement and affidavit before the Election Commission of Pakistan that PTI is not getting foreign funding or getting funds from prohibited sources.

The PTI chief is hit by Article 17(3) of Constitution read with the section 6(3) of Political Parties Order, therefore he should be disqualified under Article 63(1)(p), he added.

Akram Sheikh argued that two are Pakistanis and five are foreign nationals among the people who had sent funds to PTI.

The chief justice observed that those who had sent money may be Pakistanis but have obtained citizenship of other countries. Akram Sheikh said this is question of loyalty, as discussed in the dual nationality judgement. He said that former chief justice Jawwad S Khawaja had stated a number of times that after obtaining foreign citizenship how one remains loyal to Pakistan.

Earlier, Akram Sheikh argued that PTI is operating on foreign funding and its chairman Imran Khan has applied for the registration of Liability Limited Company (LLC), Texas, and requested the US relevant department to consider it as an agent of PTI Pakistan for the transfer of funds.

The chief justice remarked whether he wants to say that individuals can fund but not the companies. The counsel argued that section 6 of Political Parties Order 2002 puts complete prohibition while section 2(c) defines a foreign funded party. He said over $2.3 million were collected by the PTI and its information is available on the website of Foreign Agents Registration Act (FARA).

He argued that Imran Khan claimed himself to be substantial owner of the Off-shore Company Niazi Services Limited while Niazi Company owned another three Off-shore Companies. The chief justice said they see its effect at later stage but questioned whether it is an admitted fact.

He also questioned as there is any bar in Pakistani law that a Pakistani could not purchase property abroad or laws of foreign country do not allow a Pakistani to purchase property in that country.

Akram Sheikh replied that the Pakistanis may acquire property abroad but they are bound under the law to declare them in his tax return and wealth tax and the nomination papers. He said if a person obtains property but does not declare them then there is consequence.

He said Imran Khan became tax return filer in 1982 and created Niazi Service Company in 1982 but did not disclose it in 1983 and afterwards in the tax returns and nomination papers.

The chief justice questioned where Imran Khan has claimed he is the beneficial or substantial owner or Trustee of the company. He directed the counsel that he has to satisfy the court about the laws and provide the detail of it.

Regarding Bani Gala property, Akram Sheikh argued that Imran Khan entered into an agreement of purchasing 305 kanal in village Mora, Islamabad, with Muhammad Ayub on 13-03-2002. He said the PTI has to clarify his position about the property.

He said that his first version is that he had purchased the property and paid Rs6.5 million in advance and then kept on paying the installment. However, before the ECP, Imran Khan took a stand that Bani Gala property was gifted by his ex-wife Jemima Khan.

The case is adjourned until today (Thursday).