The top court has questioned whether the ‘breach of fiduciary duty equals to dishonesty’.
A three judge bench headed by Chief Justice of Pakistan Mian Saqib Nisar raised this question in response to the arguments made by Pakistan Muslim League-Nawaz (PML-N) leader Hanif Abbasi’s attorney.
The counsel while giving a rejoinder contended that the Pakistan Tehreek-e-Insaf (PTI) general secretary should be disqualified on the basis of his involvement in insider trading.
PML-N leaders have sought for Tareen’s disqualification on three grounds, comprising his involvement in insider trading, his failure to declare all his agriculture land on the election nomination papers and the concealment of assets, owned by his offshore company.
PML-N counsel Azid Naees, on Abbasi’s behalf, contended that Tareen has been penalised for committing offences under section 204 and 216 of the Companies Ordinance 1984, which constitutes a breach of fiduciary duty and thus he is not ameen according to Article 62 (1) (f) of the constitution.
The bench however repeatedly asked him to explain how election laws have been breached in this matter. The bench also questioned what the implications would be if Tareen was found evading agricultural taxes.
Nafees contended that Tareen could be disqualified on the basis of submitting a false affidavit in the 2013 elections wherein he was not declared successful candidate. The bench however observed that giving out payments is not conviction. The hearing of the case was adjourned till today (Wednesday), when Naees will offer arguments over Tareen’s possession of an offshore company.
COURTESY BY: https://tribune.com.pk/