ISLAMABAD: The Islamabad High Court (IHC) on Tuesday dismissed all the three petitions seeking disqualification of women lawmakers of the ruling Pakistan Tehreek-i-Insaf (PTI) Maleeka Ali Bokhari, Tashfeen Safdar and Kanwal Shauzab.

“The petitions were without merit and hence dismissed,” Justice Aamer Farooq declared in a judgement that the court had reserved in December last year.

Besides opposition Pakistan Muslim League-Nawaz lawmaker Shaista Pervaiz, Abdullah Khan from Islamabad and Begum Tahira Bokhari had challenged the eligibility of MNAs Bokhari, Safdar and Shauzab. The petitioners alleged that they concealed the factual information from the Election Commission of Pakistan (ECP) at the time of filing their nomination papers.

The court observed that since Ms Bokhari had applied to renounce her foreign citizenship and the process was completed before the cut-off date of finalisation of her nomination papers, she could not be disqualified under Articles 62 and 63 of the Constitution for not being honest and sagacious.

Petitions were without merit, declares Justice Farooq

Likewise, Justice Farooq noted that Ms Shauzab was in the voters list of Islamabad, but she had filed an application to change her vote from Islamabad to Sargodha before the 2018 general elections.

The court was also not convinced with the arguments against Ms Safdar that she was supposed to disclose her previous citizenship that she had renounced in 2013.

In March 2018, Ms Shauzab had contested the Senate election on a general seat from Islamabad and provided details of her registration as a voter. 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 counsel for the petitioners 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 that 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. Based on the deadline set by the ECP for nomination papers submission, she was still a dual national, it argued.

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 Home Office, UK, 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 counsel for the petitioners 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 4th, 2020