ISLAMABAD: The Election Commission of Pakistan (ECP) on Wednesday adjourned the hearing of a petition seeking to disqualify the prime minister’s son-in-law, retired Capt Mohammad Safdar, until June 15.

A four-member bench of the commission, headed by the chief election commissioner, directed the respondent’s counsel to file a written response to the issues raised by the PTI regarding the concealment of assets owned by Maryam Safdar, Prime Minister Nawaz Sharif’s daughter.

All four members of the ECP will retire days before the hearing, and the fate of the petition will hang in the balance indefinitely due to an incomplete commission.

All four ECP members to retire before next hearing date

Mr Safdar’s counsel, Munawar Iqbal, sought some time before the bench to go through the file and attempted to question the maintainability of the case.

The bench, however, told him to raise the point in his written response.

“Technically speaking, the petition stands admitted for regular hearing,” Faisal Chaudhry, the counsel for the petitioner, told Dawn after the hearing. Nawab Salahuddin Saeed, the petitioner, lost the 2013 general elections from NA-21 (Mansehra) to Mr Safdar.

He said the case will not be heard on merit, and hoped the ECP would decide the case promptly.

“As far as we are concerned, we have attached all the relevant documents, including proof of ownership of two offshore companies of Maryam Nawaz, which find no mention in her spouse Capt Safdar’s statement of assets submitted to the ECP,” he said.

When asked about the retirement of all four ECP members before the next hearing date, Mr Chaudhry said other forums were still available for a legal battle. He also hoped that the process for the appointment of new members would commence soon.

Mr Saeed, the petitioner, said one should not lie to national institutions and the courts, and added that he was confident that the ECP would decide the case according to the law.

In his petition, Mr Saeed has asked the ECP to initiate criminal proceedings against Mr Safdar for submitting false documents. He also asks that the commission declare the NA-21 elections null and void, and order fresh polls in the constituency.

The petition reads: “Captain (R) Mohammad Safdar with malicious intent to defraud, deceit and mislead public at large as well as the commission and in absolute violation of the mandatory provisions of the Representation of People Act 1976 and other laws concealed material facts and did not disclose the assets, properties and offshore companies owned by his spouse Marium Safdar outside Pakistan in his nomination papers.”

It said the respondent, in continuation of this breach, did not provide any details pertaining to properties in Form XXI (the statement of assets and liabilities) submitted to the ECP on June 30, 2013, 2014 and 2015.

“And by doing so, he grossly violated sections 12(2)(f), 42A and 80A of the ACT. Further that, he was not qualified to be elected as a member on the day of elections and secondly after the disclosure of the concealments of the material facts by him, that he was legally bound to disclose under the ACT, he is liable to be prosecuted under section 94 of the Act and also for causing colossal loss to the national exchequer by receiving perks and privileges being the member of National Assembly of Pakistan.”

In the Panama Papers leaks, Ms Safdar was named as the owner of British Virgin Island based firms Nielsen Enterprises and Nescoll, incorporated in 1994 and 1993, respectively. The address listed for Nielsen Enterprises is Saroor Palace, Jeddah, Saudi Arabia.

Published in Dawn, June 2nd, 2016