The Islamabad High Court (IHC) on Saturday issued the detailed order in the disqualification case of Federal Minister Faisal Vawda. Justice Aamer Farooq of the IHC had on March 3 disposed of the petition challenging Vawda’s election after the minister submitted his resignation from the National Assembly.
The IHC, in its detailed order, stated that prima facie the affidavit submitted by the PTI leader regarding his dual nationality 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 Islamabad High Court states in its order that “it is observed with dismay that respondent No.1 [Faisal Vawda] lingered on the matter by not filing reply under one pretext or the other which delayed the adjudication of the matter.”— Benazir Shah (@Benazir_Shah) March 6, 2021
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 since the same was submitted before it 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”.
Case against Vawda
It is worth noting that Faisal Vawda is accused of hiding his dual nationality while filing nomination papers back in 2018. According to a report, published by The News, Mr. Vawda was a US national when he submitted his documents in June 2018.
According to the report, the last date to file nomination papers for the elections held in July 2018 was June 8 and later extended for another three days. Taking his documents and evidence, Vawda submitted election papers on the last date — June 11, 2018 —along with an affidavit wherein he declared himself holding no citizenship other than that of Pakistani. The Returning Officer (RO) of NA-249 Karachi, his electoral constituency, approved his nomination papers on June 18, 2018. It was only after this approval that Vawda applied for renunciation of his US nationality in US Consulate Karachi meaning thereby he was an American citizen at the time of filing.
Legal experts believe that whoever holds dual nationality at the time of submitting their nomination papers is set for instant disqualification. Moreover, the person concerned could be penalized for perjury as well.
PTI’s leader often remains in the spotlight for all wrong reasons. Recently, Mr. Vawda was in the news for flashing ‘military boot’ in a live TV show at opposition members of PPP and PML-N, ridiculing them for their unconditional support for the Army Act Amendment Bill while disparaging the ruling party, PTI as the stooge of Establishment all this while.
Before that, he was schooled by his own party after his heroic entry at the site of a terror attack at the Chinese Embassy in Karachi. Faisal Vawda was spotted along with the Police wearing a bullet-resistant vest and a gun in hand.
PM Imran Khan also bashed and reprimanded Faisal Vawda, personally after he reached Line of Control and had himself photographed with the rubble of downed Indian fighter Jet. His stunt was not taken well at the party.