ISLAMABAD: The Islamabad High Court on Wednesday reserved its verdict on a petition seeking disqualification of three lawmakers belonging to the ruling Pakistan Tehreek-i-Insaf (PTI) after hearing concluding arguments from lawyers of the legislators and the law officer representing the Election Commission of Pakistan (ECP).

In October last year, Abdullah Khan from Islamabad and Chaudhry Mehmood Ali Hashim from Gujrat had challenged the eligibility of MNAs Maleeka Bokhari, Tashfeen Safdar and Kanwal Shauzab, alleging that they were dual nationals.

The counsel for the PTI MNAs on Wednesday argued before the court that the petition was not maintainable and requested it to dismiss it.

However, the 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. She did not win the election.

The petition said that 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 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. Therefore, it contended, based on the deadline set by the ECP for nomination papers submission, she was still a dual national.

Regarding Ms Safdar, the petition said that 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 that 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”.

On Wednesday, 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.

IHC acting Chief Justice Aamer Farooq reserved its decision on the petition which is to be announced later.

Published in Dawn, August 1st, 2019