Ruling on pleas for disqualification of three PTI lawmakers today

Published March 3, 2020
The Islamabad High Court (IHC) will announce verdict on petitions seeking the disqualification of three PTI lawmakers on Tuesday (today). — AFP/File
The Islamabad High Court (IHC) will announce verdict on petitions seeking the disqualification of three PTI lawmakers on Tuesday (today). — AFP/File

ISLAMABAD: The Islamabad High Court (IHC) will announce verdict on petitions seeking the disqualification of three PTI lawmakers on Tuesday (today).

Justice Aamer Farooq will announce the verdict in an open court as the matter is fixed before him for announcement of judgment.

There are three petitions that challenged the eligibility of Maleeka Bokhari, Rashfeen Safdar and Kanwal Shauzab.

PML-N MNA Shaista Pervaiz, Abdullah Khan and Begum Tahira Bokhari had challenged the eligibility of the three ruling party MNAs, alleging that they concealed factual information from the Election Commission of Pakistan (ECP) at the time of filing nomination papers.

The court had reserved the judgment in December last year.

During the course of hearing, a law officer from the ECP told the court that Ms Shauzab was found guilty of misconduct and her case be considered under Articles 62, 63 of the Constitution.

Ms Shauzab’s lawyer told the court that his client was ready to offer an unconditional apology.

In March 2018, Ms Shauzab had contested the Senate election on a general seat from the federal capital and provided details of her registration as a voter.

However, she did not win the election.

The petition said Ms Shauzab’s permanent and present addresses were in Rawalpindi and Sargodha but she had misled the ECP about her residence and registration of vote and was, therefore, ineligible for contesting the elections for the National Assembly.

The petitioners’ counsel argued before the court that the Federal Investigation Agency (FIA) had identified Ms Bokhari as a UK passport holder.

Through an affidavit, in support of her nomination papers dated June 19, she stated that she had renounced her British nationality and surrendered her passport.

She claimed that the UK Home Office had also acknowledged the renunciation of her British nationality.

The petition said Ms Bokhari had referred to an email correspondence between herself, the first secretary justice and home affairs at the British High Commission in Islamabad and Dave Walsh at the UK Home Office “in support of the duly signed and stamped declaration of renunciation.”

The petition said the emails were dated June 11, 2018, and Ms Bokhari had submitted her nomination papers a day earlier.

Therefore, based on the deadline set by the ECP for nomination papers submission, she was still a dual national.

Regarding Ms Safdar, the petition said she had submitted her nomination papers on June 8 while an FIA report submitted to the ECP identified her as a British passport holder.

In her affidavit, Ms Safdar said she had “not ceased to be a citizen of Pakistan nor had acquired or applied for the citizenship of a foreign state.”

The petition said she held a foreign passport/nationality when she surrendered it vide a declaration of renunciation dated March 25, 2013, which was registered and effectuated/operative by the UK Home Office on April 4, 2013.

It maintained that Ms Safdar had failed to disclose her renunciation in the affidavit dated June 8 and that “failure to do so [is] tantamount to mala fide, perjury and fabricating false evidence.”

The petitioners’ counsel requested the court to direct the lawmakers to explain their position and in case the court was not satisfied with the legality of their holding public offices, the ECP be directed to de-notify them under Articles 62 and 63 of the Constitution.

Published in Dawn, March 3rd, 2020

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