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Kanwar Dilshad is a former secretary of the Election Commission of Pakistan and oversaw the 2008 general elections. We asked Mr Dilshad about the implication of Arsalan Iftikhar’s recent accusations against Pakistan Tehreek-i-Insaf leader Imran Khan and whether Iftikhar could initiate proceedings against Mr Khan under articles 62 and 63 of the Constitution.**
Q: What recourse is available to Arsalan Iftikhar in case he wants to proceed against Imran Khan under articles 62 and 63 of the Constitution?
A: Arsalan Iftikhar’s allegations against PTI chief Imran Khan carry no legal weight, i.e. he cannot file a reference against Mr Khan on this basis and even if he does, it will be rejected by any court because the law does not allow him to take that action.
The only thing Mr Iftikhar could have done was to submit a complaint against Mr Khan before the elections were held because at that time, every Pakistani has a right to submit challenges to any individual’s candidature.
Being a common citizen, Arsalan Iftikhar does not enjoy the power to file a writ against Imran Khan, who is the head of a parliamentary party in the National Assembly. A citizen can only contact the Election Commission of Pakistan (ECP) or the apex court under Article 225, when the candidate’s nomination papers are submitted. However, he cannot submit an application against the incumbent after their election.
Also read: Rumour mills mix political spice in the spiritual atmosphere of Ramazan
Q: What do you think is the significance of obtaining nomination papers from the ECP, as a returned candidates nomination papers are easily accessible on the ECP website.
A: Mr Iftikhar went to the ECP to obtain a copy of Mr Khan’s nomination papers ostensibly because he wanted an attested version of the documents. But even the documents available on the ECP website will hold up in any court of law. They can be used as an authentic reference document for almost any purposes, as this is a matter of public record.
Q: Who is authorised to challenge a notified candidate’s eligibility?
A: Under Section I of Article 63, only the head of a parliamentary party can file a reference against their counterpart. That reference has to be handed over to the speaker of the National Assembly because now, only the speaker can forward a reference against the head of a parliamentary party to the ECP.
The ECP does not even have the authority to hear a reference against the head of a parliamentary party unless it is sent by the National Assembly speaker.
Published in Dawn, July 12th, 2014
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Comments (83) Closed
Jul 12, 2014 11:49am
And what about Imran's illegitimate daughter? Does it has any moral weight or not? Will Kanwar answer since everybody knows he has soft corner for PTI.
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Jul 12, 2014 11:56am
The whole purpose of Arsalan's media circus is mud slinging and defame Ik. His handlers (PMLN) would never want the axe of article 62/63 to fall on Ik as this would set a dangerous precedent that may one day be used to disqualify Sharif brothers.
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Jul 12, 2014 12:22pm
Who is Arsalan Iftikhar?
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Jul 12, 2014 12:35pm
MQM in2003, PML(n) in 1997 has tried and failed.
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Jul 12, 2014 12:43pm
@M. Saeed Awan i think sharif brothers have no morals in that matter aswell.
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Jul 12, 2014 12:47pm
How about Arsalan Ifthikhar chawdry's gambling and alcohol addiction. Every gambling casino in Europe has Arsalan's membership. Lets quiz Ifthikhar chawdry on that and the free houses in Lahore and Islamabad that were given to him by PML-N.
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Jul 12, 2014 01:05pm
Let Arsalan speak about corruption allegations against him. Will he ever be punished?
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Jul 12, 2014 01:19pm
@Ahmed No body failed they just left in the middle
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Jul 12, 2014 01:23pm
@zak Your comments perfectly represent PTI - you will qualify for PTI MNA.
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Jul 12, 2014 01:46pm
I am a bit surprised to read the comments made by Kanwar Dilshad that the petition of Arsalan Iftikhar carry no legal weight. In case, Mr Imran Khan has deliberately or inadvertently omitted to mention about his illegitimate child, he will be found guilty of lying. And this is the precise reason why Mr Arsalan Iftikhar has sought a copy of the nomination papers filed by PTI chief. Here is every evidence that the father of Arsalan Iftikhar , former Chief Justice of Pakistan has advised him to follow this course of action.
I am very certain that the Supreme Court of Pakistan or any other court will and should only go by evidence and technicalities rather than by emotions. and on this account Mr Imran Khan is guilty of lying.
I would welcome comments from your other readers on this technical issue.
Vijay Bee, Sydney, Australia
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Jul 12, 2014 02:14pm
WEll, I agree with the views express by Kanwar, in fact there was NO case against IK in LA only one sided views were published since NO DNA was taken and IK made his statement away from the case, even if she was his Daughter, this is a private matter
has nothing to do with anyone else. there are millions of sucj cases in Europe and in USA.
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Jul 12, 2014 02:31pm
Several parliamentarians lied before election during their election camping one of the biggest and the funniest was from Shabaz Sharif on power crisis his big brother also did on several occasion
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Jul 12, 2014 03:13pm
@Nadeem Mr Nadeem WHY does the truth hurt so much?!?
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Jul 12, 2014 03:31pm
keep on mud slinging each other in pakistan while the country and its people are suffering - lessons not learned from past mistakes in 67 years.
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Jul 12, 2014 03:56pm
if DNA test would prove then morally Imran Khan should resign from politics.Because pak masses can never tolerate on this issue.
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Jul 12, 2014 05:28pm
Solve Pakistan problem do not fight and buy time
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Jul 12, 2014 05:33pm
I believe if Imran Khan is removed from Pakistan's political landscape, this country will be paradise on earth ! We have so many angelic political personalities who are devout muslims and caring for the well-being of all Pakistani's. They will even shoot you at point blank range to keep this "paradise" getting ever more greener ! Shame on Arsalan and his devious Father who played for The Sharif's for personal gains just as Najam Sethi did for his.
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Jul 12, 2014 05:37pm
@abdul manan
Maybe "pak masses" are in this predicament because of this reason.They will tolerate corruption,nepotism, etc. which by the way directly affects their well being,but, god forbid someones private matter ,oh boy they are up in arms about it!!
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Jul 12, 2014 05:45pm
@abdul manan You are funny. As if citizens of Pakistan doesnt know about Imran khan. Yet they voted for him (not for PTI) , as PTI is nothing without IK. So Mr Abdul Manan either you are very wise or you are mocking the collective wisdom of millions of those citizens of Pakistan who voted for him. Spare us will yea?
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Jul 12, 2014 05:46pm
How the world has changed. I remember Imran Khan used to say if a political opponent had done something wrong they would just say the accuser had also done something wrong. This was Imran Khan supporters are doing right now. Two wrongs don't make a right according to himself, but apparently this serial flip-flopper has forgotten everything he used to say before getting elected.
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Jul 12, 2014 06:21pm
@abdul manan Pakistan can tolerate corrupt politicians everyday, they can tolerate no electricity no water no security no food no money....IKs personal life is his own matter not ours, NS & Co have many skeletons in their past they are not saints and neither is this good for nothing, i bet he has many more skeletons than the whole of the PTI put together...those without sin cast the 1st stone, and it wont be arsalaan...
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Jul 12, 2014 06:27pm
What about you Arsalan? What have you got hidden in your Closet? You are no better that any other Court broker that are rampant in every Court, Katchery in Pakistan, I can get your case fixed for this much. WOW ! You have got some nerve in
going after Imran, He has more good in his one drop of sweat that you Have in your whole being, Why don't you just fade away and go do your legal practice of brokering justice>
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Jul 12, 2014 06:31pm
@abdul manan Pak masses don't care about this because they what good he has done eclipses any and every fault that you throw at Imran's door. What we are finding out about the father and son is apparent they have been the Sharif's legal "A" team. That is what the masses in Pakistan are not able to digest.
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Jul 12, 2014 06:43pm
Game is over!
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Jul 12, 2014 06:56pm
@Vijay Bee, If lying was an offence to disqualify then 90% of our parlimentarians will go home. There were over 200 fake degree holders chosen to NA and Mr. Nawaz Sharif lied where a dozen times he said that he had no agreement with Musharaf for staying out of Pakistan in return of him being let out of Pakistan. Later the document was presented in the media with Sharifs signatures.
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Jul 12, 2014 07:26pm
@Muhammed Ali - Only truth is IK is not wise. He is lier and changes his position all the time. he talks negative. he issues character cerficate to people. He think SR, CS, Luqman, and TUQ have good character ..why because they support him. It is good for pakistan if he can be eliminated from pak politics earlier. There is a saying: " it bad for a nation when an unwise become authorative than loosing ten wise". IK should have used C,,, at that time he night have avoided todays situation.
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Jul 12, 2014 07:28pm
@ M. Saeed Awan: The daughter thing has no weight as well.. It was an uncontested decision in US court hence has no jurisdiction or efficacy in Pakistan..
It is just a stupid govt ploy to get people defacted from PTI and weaken its 14 August March.. Now some sane person should open an inquiry into Arsalan who actually has a tainted and not so distant past.
Why dont just PMLn govt do the recounting in the four locations..
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Jul 12, 2014 07:55pm
Love IK....
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Jul 12, 2014 08:01pm
@Omar
Please read the Quran. Allah cares more about this "private" matter than any other commercial matter. This "private" matter is a public matter for a leader.
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Jul 12, 2014 08:06pm
@Naeem Syed
Imran Khan is being exposed by Allah because he did this far too many times with too many women. Arsalan to my knowledge has no illegitimate children and creating a child out of marriage has severe punishment much more than depriving a nation of electricity and much more than any other crime. Pak real Muslims cannot tolerate this from a leader especially one who is on his high platitudes about others.
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Jul 12, 2014 08:39pm
In hours of crisis in the country . Do something positive , go ,visit kpk to help idps . No mudflinging pl.z .we are least interestedq
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Jul 12, 2014 08:41pm
Do something positive mr. The country is in crisis. Enough with dirty politics
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Jul 12, 2014 08:44pm
Do something positive for the country . Stop dirty tactice to get popularity. .go & help idps plz
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Jul 12, 2014 08:50pm
Do something positive mr . Go &help idps . Dont waste eforts for cheap popularity .
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Jul 12, 2014 08:50pm
That means petition filed by Murad Saeed and Mahmoodh ur Rasheed against Nawaz Sharif for his alleged involvement in 2 high profile cases before election carry no weight either.
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Jul 12, 2014 08:52pm
@hidayat He is an actor hired by a media house which handled PML (N) PR department
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Jul 12, 2014 08:54pm
@Vijay Bee The article is based on legalities and that's the legal position as per Law of Land. What kind of technical information you want?
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Jul 12, 2014 08:55pm
@Nadeem Could you present a counter motive of what 'zak' has said? I like to hear it. If not then "Your comments perfectly represent typical sarcastic Pakistani who often doesn't have a valid response and ends up a discussion by mocking his counter part and nothing else.
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Jul 12, 2014 08:56pm
@Abid Yeah Pakistan was Paradise before imran came on the political scene ;)
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Jul 12, 2014 08:58pm
@Whistle_blower Please , Please don't go for verification of votes, i my self casted 10 votes for them but now i regret doing that.
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Jul 12, 2014 09:00pm
@Shuaib Bhat: " I remember Imran Khan used to say if a political opponent had done something wrong they would just say the accuser had also done something wrong. This was Imran Khan supporters are doing right now. "
In fact this is what Mr. Arsalan Iftikhar is doing. Instead of answering the allegations against himself he is questioning the morality of another person.
The World hasn't turned! The only thing matters is just how you perceive.
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Jul 12, 2014 09:15pm
@Nadeem Interestingly enough I am not PTI or any other party but a Pakistani citizen who has seen the scrap from the bottom of the barrel come to the top through corruption, lies, deceit and nepotism, which hurts not this party or that but my country Pakistan. So I speak out. Not everything, as in your mind, is this party or that. Think Pakistan my friend!
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Jul 12, 2014 09:17pm
@Sohaib Khan
Agreed. But some must act as Arsalan against Nawaz. About legal weight-age I am sure Arsalan's father must have enough of it to bother. Besides, there is a thing called "accessory after the fact". Let the facts be unearthed first before going to the accessories, with due weight-age in the tilts.
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Jul 12, 2014 09:27pm
we Pakistanis should keep national interest in mind rather than to target some one personal matter. we should think about challenges facing by the country.To be indulge in such type issues is merely time wasting.
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Jul 12, 2014 09:45pm
I am really fed up with Imran and his PTI's dirty politics. If Arslan's mud-slinging aimed at Imran works and helps us get rid of Imran even for few months, I support it
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Jul 12, 2014 09:46pm
@Nadeem Your loyalty to Punjab Muslim League wouldn't win you any post unless you are part of sharif family or Kashmiri clan.
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Jul 12, 2014 09:47pm
@hidayat Arsalan Iftikhar is prime example of Pakistan's rotten system. Recommendation, nepotism , corruption turn into overnight financial success.
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Jul 12, 2014 10:13pm
@Vijay Bee You do realize this is a circus with no meaningful rescourse or outcome.
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Jul 12, 2014 10:15pm
@Shuaib Bhat Grow up Mr. Bhat. He has done nothing wrong. He is his daughter legal guardian and legally he does not need her name on the nomination papers.
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Jul 12, 2014 10:19pm
@Jamal IK is the greatest and hope to see him as the PM come next elections. Inshallah.
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Jul 12, 2014 10:20pm
ghairat mand PTI walon ko chup lag gae hai ab
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Jul 12, 2014 10:21pm
@Adnan - I supported PTI but thanks God I have the wisdom to see the truth of IK. He is selfish, and egoistic freak who just want to settle score with Shareefs. I am with any one who want to work for pakistan. This guy IK is not wise and only thing he utters is negative. Use your brain and do some research...that may help you.
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Jul 12, 2014 10:32pm
It may not carry any legal weight, but certainly does carry moral and ethical weight. IK did promise Insaaf and change. If he can't change himself and provide inssaf to his own daughter, which Jemima has even confirmed is his, then how can one expect IK to provide Insaaf and rights to the common people? All he cares about is votes and popularity, he is a vain person, not a just human.
He wanted popularity in Punjab, hence, started a charade against the MQM. Just before that he had requested MQM to let PTI give a jalsa in Karachi - wouldn't that be hypocritical of IK? It shows his character of a self centered person.
Then he went on to woo strong-men who belonged to PPP and PMLN to gain majority - wickets are falling, another wicket has fallen tamasha. People did not expect change from those corrupt politicians, certainly not Insaaf. IK fell due to his own shortsightedness. IK failed because he started losing support, and it is HE himself who will fail PTI.
Arsalan may have an ulterior motive, but that doesn't mean what he says carries no weight.
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Jul 12, 2014 10:49pm
@M. Saeed Awan what presentable proof you or anyone else has that Imran has a daughter? This was tried by MQM and nawaz league many times in the past. Didn't work. Arsalan is trying to take revenge of the opportunity he lost with Balochistan government because of objections from Imran.
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Jul 12, 2014 10:52pm
@Nadeem they left in middle because they didn't see themselves winning. You think any political opponent will leave in the middle even if they have 50% chance of winning.
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Jul 12, 2014 11:13pm
@Vijay Bee as per pplicable laws the entire petition carries no legal weight and there is no proof that would hold up in courts prticularly when it would be up to the complainent to prove the charge beyond all doubt. Bear in mind the defendant does not have to exonerate himself. The burden of proof fully lies on the complainant.
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Jul 12, 2014 11:31pm
Remember that lady who disrupted Punjab Assembly session claiming to be Hamza Sharif's wife? It is not the undeclared children but the undeclared marriages that are the problem.
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Jul 12, 2014 11:33pm
@hidayat
"who is Arsalan Iftikhar?"
Better yet, what is Arsalan Iftikhar?
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Jul 12, 2014 11:38pm
According to Jamshed dasti, undeclared children is the norm in our national assembly. Unless we apply 62 and 63 selectively, as we are doing with article 6, we need need new elections anyway.
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Jul 12, 2014 11:48pm
@Vijay Bee;
"court will and should only go by evidence and technicalities rather than by emotions. and on this account Mr Imran Khan is guilty of lying. I would welcome comments from your other readers on this technical issue."
OK. here is a technicality: What proof do you have that Imran fathered that young lady in question??
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Jul 12, 2014 11:50pm
Ik is innocent until proven otherwise. He is still seen as change agent. We r with you ik.
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Jul 13, 2014 12:11am
@M. Saeed Awan Imran's daughter's issue is getting old and stale now. Move on. Try something new against the Great Khan :)
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Jul 13, 2014 12:41am
@faisal Let us see - I am hoping Arsalan will take it to the end. It is definitly a clear case. ASk IK to come in public and disown her. Can some one ask PTI supporters - who is ayla malik and why she got MNA ticket. Do some research and then answer. Where is the merit?
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Jul 13, 2014 12:46am
@Salman Ask great khan to accept/reject that she is his daughter. Where he is hiding?
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Jul 13, 2014 12:46am
Personal attacks show the mentality and bankruptcy of ones mind and education....
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Jul 13, 2014 01:29am
After reading all the dirt on Imran Khan and Arsalan Iftikhar, I can say categorically that Salan beats Imran by miles.
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Jul 13, 2014 01:35am
Even after reading all the dirt on Imran and Arsalan, I can say that Chief Justice son beats Imran by miles. This shameless character has amassed millions, I wonder where is Pakistan Income Tax Department. Should not they be calling him?
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Jul 13, 2014 01:58am
Nooras panicking again :)
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Jul 13, 2014 03:56am
@fida sayani Sindhi - Ask IK to shut up and stop sledging people
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Jul 13, 2014 03:58am
@fida sayani Sindhi - I think its IK who is giving people character certificate
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Jul 13, 2014 04:01am
@Muhammed Ali
Really, PTI is full of saints and IK is the head of these saints!
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Jul 13, 2014 04:01am
@aam admi - This applies to not only to IK - Innocent till proven. I want CJ to go after IK for election rigging claim. I want to see IK in jail.
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Jul 13, 2014 04:08am
@Whistle_blower
Uncontested because IK did not show up in the court. Ask any practicing lawyer, uncontested decisions by the court are final and holds.
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Jul 13, 2014 04:13am
@PML N Voter
You need to regret, and now why should we believe what you are saying. Some people are habitual liars.
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Jul 13, 2014 05:32am
@haris and @Adil Jadoon I don't exactly see it. Even if you're right and Mr. Arsalan is deflecting, even then Imran Khan should respond and not deflect because that is what he claimed not to do. Also Imran Khan himself talks about Islam and I will not mention anything but his acts are clearly un-islamic to say the least. Also they do violate article 62 and 63, no matter what way you put it. Also Imran Khan should provide proof that Iftikhar Chaudry helped rig the election, I don't believe it for one second. His own lawyer's wing told him to stop criticising Iftikhar Chaudry. Now Adil if he doesn't need it to be 'legally' need it to be there - he should still have it there, what is he afraid of? Does he have something to hide? If he believes in Islam sooo much (which he loves talking about in his rallies) then what does he fear besides Allah (SWT)? You need to grow up and see this man has gone nuts, I used to support him but he is insane. I don't care about his personal life, it is his insanity, ego, self-interest which he cares more for than national-interest that bothers me. Our nation is not in position to have such an instable political atmosphere. This fool will never get PPP and PML-N vote bank and therefore he'll never win. I wish he had more sense.
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Jul 13, 2014 08:10am
@Vijay Bee -it is not a requirement as there isno question in the nomination form which asks "do you have an illegitimate child?" also the child was a claim by a lady not proven anywhere
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Jul 13, 2014 09:18am
In the case of Arsalan one should see that who is talking? This guy has no moral value at all as well his father who was benefitted from the lawyer's movement for reinstatement of the judiciary but it resulted to have a judicial dictator in the supreme court. I hope the new chief justice could be able to bring the reputation back in public for the courts which is badly damaged due to the behavior of Ch. Iftikhar.
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Jul 13, 2014 09:27am
Why only imran. lets apply 62 and 63 to all MNA . Also let us see iftihar's credential. I am sure they way he speaks he probably has not passed matric?
Lets also see his dad credential and let the people of pakistan know how he progress to Chief Justice
Lets see how PPP , PLMQ and PLMN MNA's and leader can pass the 62 63 condition.
Let's have justice for all
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Jul 13, 2014 09:30am
@M. Saeed Awan why not look into every one's past why only imran? lets see how many women so called shareef have been with and how about Mr 10%.
Lets check all the MNA's And MPA 's past. I bet now you will be lost
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Jul 13, 2014 09:33am
@Ahmed lets check all the leaders past why only Imran?
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Jul 13, 2014 12:10pm
@M. Saeed Awan: Who are you or anyone else to decide morality? Why do you think that you qualify to question such things? What proof do you have in your capacity to even reference such a thing in your comments? Don't judge others based on accusations.
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Jul 14, 2014 11:24am
@M. Saeed Awan Arsalan is not the first one to bring this case .. late Dr Sher Afgan Niazi did that earlier and was rejected .. the only purpose of bringing this case forward is a media trial .. and we all know who wants that .. u do too
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Jul 14, 2014 12:35pm
I rank this as a low level response by Arsalan Bin Iftikhar. This kind of response could only expect from a "son of a Thanedar- i.e. SHO-Police "? & not by a son of a Chief Justice of Pakistan.
Though this kind of behavior could be expected from the honorable ex-Chief Sahib himself, for the reason explained earlier? , but not from some one whose father was a CJ.
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