October 17, 2017
ISLAMABAD: Chief Justice of Pakistan Saqib Nisar remarked that it seems Pakistan Tehreek-e-Insaf's Jahangir Tareen has submitted fake documents in his disqualification case being heard in Supreme Court.
A three-member bench, headed by Chief Justice of Pakistan Saqib Nasir, heard the case on Tuesday.
The CJP further remarked that some of the details in the documents are clashing with one another. "It seems as if the documents are fake."
He remarked that the "lease agreement do not show entire facts. You are using the land for farming. Do you want it to be investigated through the appropriate forum?"
In reply, Tareen’s legal counsel Sikandar Bashir Mohmand pleaded: "Please don’t say that they are fake documents. If Tareen is disqualified under Article 62 1(f) of the Constitution then its mark will stay forever."
The chief justice also said that Tareen acquired the agricultural land under lease but he earns income from it. Moreover, Tareen did not reveal aggregated agricultural income to the Election Commission of Pakistan (ECP).
Mohmand said that the ECP had asked for information regarding proprietary land only. “Tareen has hidden nothing in the documents submitted to the court.”
To this, the CJP questioned Baksh and asked: “What should a person do if he does not own agricultural land but earns more than Rs10 billion on that land through lease? Should the person not share that information with ECP?"
“Our stance is that leased land’s owner should pay the tax.”
The CJP termed the explanation as not satisfactory and said, “Even though Tareen had the lease of the land but the income was not declared.”
The law states that a person who earns money on agricultural land must pay taxes. Tareen should have paid five percent tax on the income earned from the land, the CJP added.
“The question in front of the court is of integrity and integrity can be gauged through actions,” remarked the CJP, adding Tareen did not declare his entire means of income to the court.
Tareen’s lawyer added that the court should let an appropriate forum give a verdict on the tax issues first.
Justice Umar Ata Bandiyal asked: “Suppose what happens if the agricultural tax is also implemented on leased land?”
To this Tareen’s legal counsel replied that even in this case, Tareen cannot be disqualified as he has not lied anywhere.
Hanif Abbasi’s lawyer, Akram Sheikh, said that Tareen’s bad intentions can be seen from the fact that he hasn’t revealed documents of yield per acre or finance department. He has laundered money through the lease agreement, the lawyer added.
The next hearing of the case will be held next week.
On October 11, the bench had observed that there is a clear difference in the assets details submitted by the PTI lawmaker in the election nomination papers and the details submitted to the Federal Board of Revenue.
Presenting his arguments, Mohmand had informed the court that his client has declared all his assets.
He argued that the bench is conducting a tax audit of his client, saying that the petitioner wants to waste time and should be told to take the case to the Federal Board of Revenue.
At the core of the case is the matter of over 18,500 acres that were acquired by Tareen on a lease. Tareen's counsel has said that the PTI leader grows sugar, mangos, and cotton on his farms.
The problem arises as the land, being on a lease (thaika), was not mentioned by Tareen when he submitted his nomination forms for the 2013 General Elections.