Abbasi files review petition against Imran

ISLAMABAD - Pakistan Muslim League-Nawaz leader Hanif Abbasi on Tuesday filed a review petition in the Supreme Court, with the pray to set aside the 15th December judgment and disqualify PTI chief Imran Khan under articles 62 and 63 of the Constitution.

Abbassi filed the review petition under Article 188, read with Order XXVI Rule 1 and 2 of the Supreme Court Rules, 1980.

The apex court found the PTI chairman not guilty, but disqualified Secretary General Jehangir Tareen on the petition of Abbasi who had sought their disqualification on various grounds.

In the review petition, Abbasi further prayed to the court to set aside the five-year limitation on the Election Commission of Pakistan powers to audit the Pakistan Tehreek-e-Insaf accounts besides declaring the certificates produced by Khan regarding the party funding as being false, and direct the federal government to proceed against the PTI under Article 17 of the Political Parties Order (PPO).

Abbasi contended the PTI chief had categorically admitted he had not declared his ownership of the London flat and Niazi Services Limited until he availed the amnesty scheme in 2000, which means the said assets were not declared in the nomination forms filed by Imran Khan in 1997.

“Imran Khan is, therefore, not a righteous person in terms of Section 99(f) of Representation of People’s Act, 1976, and Article 62(1) (f) of the Constitution and should be disqualified for the membership of the Parliament,” Abbasi contended.

The petitioner recalled the conclusion drawn by the apex court in paragraph 59 of the judgment, wherein the court, while recording Imran’s admission of non-declaration of London flat until 2000, concluded without examining his wealth tax forms for the relevant period that the PTI chief was a defaulter under the Wealth Tax Act, 1963.

The PML-N leader submitted that upon being probed as to why the transfer was made in the name of Jemima Khan when it was Khan who evidently purchased the land, but vide a subsequent affidavit contained in CMA No 3657/2017, he asserted he purchased the land for the benefit of Jemima Khan.

“Alternatively, even if Imran’s narrative is to be believed, once again it falls within the mischief of Section 12(2) (f) of the Representation of People’s Act, 1976, and he is not righteous in terms of Sec 99(f) of Representation of People’s Act, 1976, and Article 62(1) (f) of the Constitution of Islamic Republic of Pakistan,” contended Abbassi.

The petitioner submitted that in one of the supplementary concise statements (CMA No 6512/2017), Khan has clearly denied that Jemima was his benamidar. “The word ‘Benami’ in power of attorney, is a misdescription contrary to the factum of ownership, notwithstanding the gift by respondent No-1 (Khan), the entire sale price having been remitted by Jemima Khan and all mutations in the revenue record being in her name."

If Jemima Khan purchased the property for herself, how the question of the return of the property to Imran Khan arose,” Abbassi questioned.

Abbasi submitted it cannot be denied that the Supreme Court, applying a strict liability test, disqualified the former prime minister only on the Iqama issue. “This test, therefore, must be applied to Khan’s case as well,” Abbassi pleaded.

 

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