ISLAMABAD - The Islamabad High Court (IHC) on Wednesday ruled that it could not disqualify Federal Minister Faisal Vawda as he had already resigned from his National Assembly seat.
A single bench of IHC comprising Justice Aamer Farooq conducted hearing of the petition moved by Barrister Jahangir Jadoon against the PTI leader for allegedly concealing his US nationality at the time of filing his nomination papers to contest the last general elections.
Justice Aamer Farooq announced the verdict which it had reserved after Vawda submitted his resignation from the National Assembly before the court. However, the bench sent the matter of filing “false” affidavit to the Election Commission of Pakistan (ECP). It added that the ECP should probe and decide the matter related to the PTI leader’s allegedly false affidavit.
In its 13-page judgement, the IHC bench declared about the minister’s affidavit that was submitted to the Election Commission of Pakistan (ECP), “prima facie the affidavit is false”. It continued that there are consequences of submitting a false affidavit according to the judgement of the Supreme Court of Pakistan.
Justice Farooq noted in the verdict, “However, the question of false affidavit still is pertinent as was argued by the learned counsel for the petitioner.” He said that in Speaker National Assembly and others vs Habib Akram and others, the Supreme Court of Pakistan clearly observed that furnishing a false affidavit “shall have consequences.”
The judgement read, “In this behalf, prima facie the affidavit is false; however, under Article 62 (1)(f) of the Constitution if someone is to be held as not being Sadiq and Ameen a declaration has to be made to the effect by Court of law.”
The bench mentioned, “Moreover, the furnishing and tendering false affidavit also has consequences under Pakistan Penal code, 1860 as well as in light of the observations of the Apex Court.”
The IHC bench stated, “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 respondent No.1 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 supra.”
Justice Farooq said, “In view of the foregoing, since respondent No.1 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.”
He also declared, “No contempt of Court is made out in the facts and circumstances.”
During the hearing, Vawda’s counsel submitted his resignation and adopted that the dual nationality case against the lawmaker was not valid now. The counsel said that Faisal Vawda had resigned from the National Assembly and that was why the petition had become invalid.
He reiterated that since the resignation had been tendered to the Speaker, National Assembly, Vawda had ceased to be a member as such and no writ of quo-warranto could be issued.
Barrister Jahangir Khan Jadoon, the counsel for the petitioner, asked that whether Vawda had resigned before or after casting his vote in the Senate elections. He said that many parliamentarians had previously resigned and then came back to the Parliament. Jadoon said that the person concerned was [still] a member of Parliament till the Speaker of NA accepted the resignation. According to the petition, Vawda concealed his dual nationality at the time of filing his nomination papers and falsely declared on oath before the ECP that he did not have any foreign nationality.