ISLAMABAD: The Islamabad High Court (IHC) on Thursday asked leaders of Pakistan Tehreek-i-Insaf (PTI) to explain as to why instead of challenging qualification of former president Asif Ali Zardari as MNA before available forums they invoked an extra-constitutional jurisdiction against their political rival.

Special assistant to prime minister Usman Dar and PTI Karachi president and Member Sindh Assembly Khurram Sher Zaman filed identical petitions seeking disqualification of Mr Zardari.

The IHC earlier had disqualified Khawaja Mohammad Asif on Mr Dar’s petition. He is sure to get a similar relief from the court again.

There are about 18,000 pending cases in court which may be disposed of swiftly if political matters are settled at appropriate forums, CJ remarks

Though IHC Chief Justice Athar Minallah did not admit the petition for regular hearing and issued pre-admission notice to the former president, Mr Dar after attending the court proceeding tweeted: “Disqualification of corruption king Asif Zardari is imminent.”

The court issues a pre-admission notice when the judge believes that the petitioner’s preliminary arguments are insufficient for admission of the petition for a regular hearing.

In the tweet, Mr Dar said: “Unless economic terrorists like Zardari are not held accountable, corruption, inflation and poverty could not be eradicated from Pakistan. Bilawal started train march against his own government in Sindh just to hide corruption of his father.”

Likewise, Sher Zaman also termed the hearing a victory and tweeted: “Congratulations to the nation. Notice issued to Asif Ali Zardari in concealment of assets case number #420 that I’ve filed against him based on Article 62-1F of the Constitution.”

The PTI government also planned maximum coverage of the petitions against Mr Zardari as a day earlier the central media wing of the party requested media houses for a live coverage from the IHC.

During the hearing of the petition, Justice Minallah remarked that such political disputes may have been settled within parliament.

He said there were about 18,000 cases pending in the IHC which may be disposed of swiftly if political matters were settled at the appropriate forums.

He suggested that the parliament may constitute a special committee to consider such matters.

The order sheet issued after the preliminary hearing stated: “The learned counsel has been heard at length. He was asked whether other efficacious remedies are provided under the law.

He was also asked whether in the light of the judgment of the august Supreme Court reported as Imran Khan Niazi vs Mian Mohammad Nawaz Sharif … remedies before other forums have to be exhausted before invoking the constitutional jurisdiction of this court under Article 199 of the constitution.”

Subsequently, Justice Minallah directed the petitioners, “at the first instance [they] will satisfy this court regarding maintainability of the petition.”

The court issued pre-admission notice to Mr Zardari while Election Commission of Pakistan (ECP) was asked to submit written comments within a fortnight.

The petitions contended that “on account of dishonest, non-disclosure of assets in his nomination papers dated July 6, 2018 and related untruthful statements on oath, untruthful declaration, untruthful solemn affirmations and untruthful undertakings, the respondent No. 1 [Mr Zardari] is not qualified to be and is in fact and in law liable to be disqualified from being MNA.”

It added: “The main object and purpose of conferring this jurisdiction upon high courts by the constitution is to protect the public offices.”

Published in Dawn, April 5th, 2019