ISLAMABAD - The Supreme Court on the last day of National Assembly of its five year’s term disqualified another PPP MNA for holding dual nationality and directed the secretary Election Commission of Pakistan (ECP) to furnish the list of those parliamentarians, who have been disqualified for holding dual citizenship.
It is to be noted that the SC in its September 20, 2012 had directed the ECP to initiate legal proceedings against disqualified parliamentarians under Section 82 of the RPA, which envisages a jail term of up to three years.
The court had also ordered the government to withdraw the amount spent on the salaries and perks on the disqualified lawmakers from them and deposit the amount in the national treasury. It also directed the Senate and National Assembly secretaries to submit a progress report on the matter in two weeks’ time.
Hearing the suo moto case against legislators holding dual nationalities, a three member bench of the apex court, headed by Chief Justice of Pakistan Iftikhar Muhammad Chaudhry has declared that despite giving several months time, PPP-MNA Rai Mujtaba Kharal failed to produce certificate regarding the renouncing of his Canadian nationality.
The court also said that his failure in producing the renouncing certificate had proved that he was not qualified to become member National Assembly in 2008 because he violated Article 62 and 63 of the constitution that time, therefore he should be dealt in same manner as other parliamentarians.
In view of its September 20 judgment, the bench also directed the ECP to de notify and initiate criminal proceeding against him. PPP MNA is also directed to deposit all his salaries along with perks and privileges, which he had obtained as MNA during the last five years
Meanwhile, a professional petitioner Mahmood Akhtar Naqvi contended before the bench that it had directed the chairman Senate to send reference to the ECP against Interior Minister Rehman Malik for submitting a false declaration in 2008 senate election but chairman Senate did not refer Rehman Malik reference to the commission.
The court, however, rejected his plea against him, saying that if petitioner was aggrieved, he might challenge chairman Senate’s ruling regarding the qualification of Rehman Malik. The hearing of the case is adjourned until March 25.