ISLAMABAD: The Islamabad High Court (IHC) on Saturday issued its detailed order in the disqualification case of Federal Minister Faisal Vawda.
According to the details, the IHC, in its detailed order, stated that prima facie, the affidavit submitted by the PTI leader regarding his dual nationality at the time of his election to the National Assembly is “false”.
“Since the affidavits were tendered before the Election Commission of Pakistan, it is just and proper that the Election Commission of Pakistan probes into the matter of veracity of affidavit furnished by Faisal Vawda on 11.06.2018 and if same is found to be false to stipulate the effect thereof pursuant to observations made in PLD 2020 SC 591,” the order said.
The judgement noted that since the lawmaker has resigned as Member National Assembly, no writ of quo-warranto can be issued with respect to holding dual nationality.
“However, the matter of furnishing false affidavit is to be probed by the Election Commission of Pakistan […] and the Commission may pass appropriate orders with respect to the same,” it added.
The court also observed with “dismay that respondent No.1 lingered on the matter by not filing reply under one pretext or the other which delayed the adjudication of the matter”.
This comes as the Islamabad High Court on Wednesday said that it could not disqualify PTI MNA Faisal Vawda as he had already resigned from his National Assembly seat.
According to the details, a single bench of the IHC comprising Justice Aamer Farooq says it cannot disqualify Faisal Vawda as he has earlier resigned from the National Assembly seat but the affidavit he submitted before the court about his American nationality is based on falsehood
The ruling came as part of IHC Justice Amir Farooq’s 13-page written verdict.
PTI MNA Faisal Vawda also resigned from the MNA seat, his lawyer told the Islamabad High Court (IHC) during the hearing of the disqualification case against the federal minister.
A copy of the resignation papers has been submitted to the Islamabad High Court. “This case no longer holds merit as Vawda has resigned,” his lawyer told the court. He requested the court to dismiss the case as the petition was filed against his election as an MNA.
Meanwhile, the petitioner’s lawyer said that Vawda has resigned after casting his vote in the Senate elections. Vawda should be considered a member of the assembly till his resignation is accepted, the lawyer added.
Recently Faisal vawda also win the senate election from Sindh. His nomination challenged by Advocate Qadir Khan Mandokhail but the election tribunal ruled in Vawda’s favour.
The IHC reserved its verdict in the disqualification case being heard against the minister.
However, according to the reports, the National Assembly speaker’s chamber stated that they have not received Vawda’s resignation. The legislative department of the lower house has not received the resignation.
This comes as the Vawda filed his nomination papers for the 2018 General Election on June 11, 2018, when he still held US nationality. His papers were approved on June 18, 2018. The federal minister had filed papers to give up his US citizenship on June 22, 2018, and he was issued a certificate on June 25. 2019. The process usually takes weeks or even months.
A petition was filed for his disqualification under section Article 62(i)(f). The law deems it necessary for all members of Parliament to be ‘sadiq’ and ‘ameen’. They are prohibited from concealing information about their assets. On the other hand, Article 63(1)(c) of the Constitution says that “a person shall be disqualified from being elected or chosen as, and from being, a member of Parliament if he ceases to be a citizen of Pakistan or acquires the citizenship of a foreign state.”