Imran Khan not out, Jahangir Tareen disqualified for being 'dishonest': Supreme Court
The Supreme Court on Friday handed down its much-awaited judgement in the Imran Khan, Jahangir Tareen disqualification case, rejecting Hanif Abbasi's petition for Khan's disqualification but disqualifying Jahangir Tareen for being "dishonest".
The verdict was announced in Courtroom No. 1 by a three-judge bench comprising Chief Justice Nisar, Justice Umar Ata Bandial and Justice Faisal Arab.
'Imran not out'
The chief justice, reading out the judgement in the packed courtroom, said the court had found that Khan was not liable to declare offshore company Niazi Services Ltd in his 2013 nomination papers as he was not a shareholder or director of the company.
The court's detailed judgement noted that the money trail provided by Imran Khan sufficiently covered the Bani Gala property's purchase price, the funds provided by Jemima Goldsmith, Khan's ex-wife, and the proceeds from the sale of Khan's apartment in London.
The court held that the Bani Gala property was Khan's property; he had bought the land for his family, but was gifted the property by his ex-wife, Jemima Khan, after their separation, the chief justice remarked while reading the judgement.
'Tareen was dishonest'
The bench found PTI secretary general Jahangir Tareen to be dishonest under Article 62(1)(f) of the Constitution and Section 99 of Representation of People Act (ROPA) on one count among the multiple charges brought against him.
Article 62(1)(f) — which sets the precondition for the head of government to be "sadiq and ameen" (truthful and honest) — had led to the disqualification of Nawaz Sharif from holding public office in the July 28 judgement on the Panama Papers case.
"The respondent [Tareen] is disqualified in terms of Article 62(1)(f) of the Constitution read with Section 99(1)(f) of ROPA for the non-declaration of his property/asset i.e. 'Hyde House' in his nomination papers, and in making untrue statement before this Court, that he has no beneficial interest in SVL [offshore company]; therefore, he should cease to hold the office as the member of the National Assembly with immediate effect," read the judgement.
The judgement noted that Tareen may have committed the offence of insider trading, but could not be judged for having committed a crime because of the terms of his settlement with the Securities and Exchange Corporation of Pakistan (SECP). The court also stated that the matter had been closed by the SECP after Tareen paid a fine, and so could not be used as a grounds to disqualify him.
On the matter of alleged misrepresentation and short payment of agricultural income tax by Tareen, the court said it would not issue a declaration on it because the matter was currently sub judice in multiple courts.
The court also said it was not convinced that Tareen had been involved in acquiring loans and having them written off for his benefit, which would have demonstrated dishonesty. It noted that the loans acquired by FPML allegedly written off by Tareen were actually written off in 2010, before Tareen was even a shareholder or director of the company. Therefore, he could not be held responsible for it.
Read: What is insider trading?
Foreign funding
The SC directed that the foreign funding case against PTI as a party be investigated by the Election Commission of Pakistan (ECP), as Abbasi had no locus standi to pursue it.
"It is the responsibility of the ECP to look at the foreign funding case in detail," Justice Nisar said.
The court ruled that the ECP should, for the sake of impartiality, look into the foreign funds of the party over the preceding five-year period only.
Delay in verdict
The CJ said that the delay in the verdict, which was announced more than an hour late in Courtroom No.1, was due to a mistake on one page. "We had to go through the entire 250-page document," he explained, apologizing for the delay.
He asked that the verdict be heard with patience.
Petitioner Abbasi as well as other members of PML-N — including Talal Chaudhry and Maryam Aurungzeb — were present in the court.