If Khuwaja Asif disclosed his income then his disqualification was wrong in the first place. This is what I have been saying all along that Nawaz's dq was on asset concealment. When a salary is not received it becomes receivable. In accounting term, a receiveable is an asset. Income is not an asset. NS wasn't dqed on iqama or a foreign income. He was dqed on income "not received" thus becoming an asset.
Detailed judgement will tell us how Highcourts findings on Kh Asif were not appropriate in the eyes of this SCP bench.
This is where I always say that the judgment against NS was weak. It was only based on receivable.
It was not weak but left out other grounds in the name of trial court proceedings.
Did he paid tax on the income ?
Non payment of tax doesn't lead to disqualification. There is a penalty stipulated by law for these kind of individuals. Anyway, the original verdict of high Court didn't disqualify Kh. Asif on tax evasion. So the appeal will naturally refer to the reason of disqualification given in the verdict. If petitioner wants to ask for the disqualification on the grounds of tax evasion, then a separate petition needs to be filed in a lower court. In fact fbr has to be notified first.
It was an inactive account.
How kh Asif proved that it was his inactive account in bank shall be revealed in the detailed verdict as how was his account inactive and if it was then the accused was guilty of breaking the law of another country by faking his employment for iqama while also mis-declaring his occupation in nomination form.
But tax evasion should be dealt with 62 as you disclose your income incorectly ... I think they should reapply or seek for larger bench ...
Legally, Usman Dar can only ask via a review petition in front of the same bench.
By rthe way why there is no comment against judiciary for giving a decision favorable to pmln ?
